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Dáil
‹ Ceisteanna—Questions Oral Answers . - High Court Industrial Injunctions .

High Court injunctions in industrial disputes

Summary

De Rossa questioned the increasing use of High Court injunctions in industrial relations. Kavanagh acknowledged their potential harm, noted constitutional limits on restricting court access, and said he would consult employers and unions about legislation to discourage the practice; Mac Giolla asked whether injunctions undermine peaceful picketing.

asked the Minister for Labour, in view of the potentially disastrous consequences for our entire industrial relations area of the increasing use of High Court injunctions, the steps he proposes taking to prevent the use of the law courts in an area that is more appropriate to the Labour Court.

Comment on this

: In my contribution to the budget debate I stated my considered view that recourse to common law in an industrial relations dispute may often have unfortunate repercussions for both the employers and workers involved and may ultimately damage the fabric of our industrial relations system. There may be some constitutional difficulties involved in attempting to change the law in any way which might impede access to the civil courts. Such access is the right of every citizen.

However, it is my intention to hold talks as a matter of urgency with the employers and trade unions on the use of injunctions in industrial disputes and particularly ex-parte injunctions. The steering committee of the Employer-Labour Conference on 25 February last indicated the willingness of both the Federated Union of Employers and the Irish Congress of Trade Unions to participate in such discussions. Invitations will shortly be issued to both sides with a view to getting discussions under way to determine what procedures might be desirable or what legislative action may be appropriate in these circumstances.

Comment on this

: Will the Minister agree that the use of injunctions is an erosion of the right of peaceful picketing and in contravention of the Trade Disputes Act which guarantees the right to peaceful picketing?

Comment on this

: As I said, I have expressed my concern about the use of injunctions and that is why I have taken the steps which I have taken through the Employer-Labour Conference and discussions will take place with the social partners to see what appropriate legislation can be introduced so that we can discourage this practice.

Comment on this