Garda strike contingency
Deputy O'Callaghan pressed the Tánaiste on a possible Garda strike and whether the public would be protected. The Tánaiste urged both sides to stand back, said the Labour Court needed time, and explained that contingency planning rested with the Garda Commissioner and could not be fully disclosed.
We are now less than 19 hours away from a Garda strike. This country and its people are entering uncharted territory. A police strike is unprecedented in this country and highly unusual internationally. It should be avoided if at all possible. The people of this country should not be put in a position where they might find themselves without the protection of An Garda Síochána tomorrow.
There are two parties to this dispute. Everyone has asked the first party to the dispute - the Garda Representative Association and the Association of Garda Sergeants and Inspectors - to postpone Friday's strike. Everyone in this House knows that members of the force do not want to go on strike. We all know they take their oath very seriously. We all know they have served this country with distinction through many difficult times.
To date, the second party to this dispute - the Government - has managed the dispute incompetently. It has allowed a Mexican stand-off to develop between it and the Garda associations. The effect of its actions and inactions has been to harden positions rather than to address the legitimate grievances of An Garda Síochána. The Government has allowed the gulf between it and the Garda to get deeper and deeper. It has provided an example of how not to deal with or mediate in an industrial relations dispute. It has allowed an industrial dispute to become a national crisis.
The Government has fallen down in three areas. First, we have all known for months that an industrial crisis has been brewing within An Garda Síochána. It was for that reason that we included in the confidence and supply agreement a requirement for a public service pay commission to be established. Even though that was agreed in May, we had to wait until two weeks ago for details of the commission to be announced. Second, gardaí have a legitimate grievance about being locked out of the industrial relations mechanisms of the State. A huge part of this dispute centres on the fact that gardaí think no one in the Government is listening to them and they do not have any mechanism whereby the Government can listen to them. The Taoiseach announced yesterday that the law in this regard is to be changed. Can we let the Garda associations know in what way the law is going to be changed? Does the Government intend to amend the Industrial Relations Acts or the Garda Síochána Acts? The associations need to be given information about this significant achievement for them.
Third, rather than keeping the public, which is the most important party in this dispute, informed about what will happen tomorrow, the Government has been silent in this regard. The Tánaiste is politically responsible for the gardaí who protect us. The Garda Commissioner sent out letters the other day requiring members of the force to attend for duty tomorrow. Has the Garda Commissioner apprised the Tánaiste of how many members of the Garda will turn up for work tomorrow? Will Garda stations be open? Will 999 calls be answered? What will the Tánaiste and the Government do to ensure the people of this country are safe tomorrow?
Comment on this
Deputies are aware that Garda Representative Association officials have been working with the Labour Court and that the Labour Court has said that it will give a decision tomorrow. While we are speaking about the dispute, the Labour Court is meeting the Association of Garda Sergeants and Inspectors to consider its submissions and the official submissions.
I still continue to appeal to both organisations to pull back from the brink. I call on them to stand back and suspend tomorrow's action to allow the time and space for the Labour Court to continue its work. It is the highest arbitration we have in the land. All the various mechanisms of industrial relations have been made available to An Garda Síochána, including the Workplace Relations Commission and the Labour Court. The GRA has also agreed that a ballot will take place. I maintain we should give time for that ballot and ensure we have the space and time for people to consider what will be on the table after the Labour Court makes its recommendation. I appeal to both organisations to withdraw.
Deputy O'Callaghan made some point about the legislation. We have said that will be urgently considered. The Taoiseach made that very clear yesterday. I have been making it clear for a considerable period that the Government accepts gardaí should have access to the Workplace Relations Commission, to all associated mechanisms and to the Labour Court. We have acted and they have it in shadow form at present.
Deputy O'Callaghan made a point about recent events. Only some weeks ago AGSI members accepted the negotiations being done by the Government in a secret ballot of their members by 70% to 30%. Clearly, the negotiations had made progress at that point. Let us further consider the timeline around what has happened. The members of the GRA were in negotiations over a long period of several months. Then, on a Friday evening, they said they had accepted the offer that was on the table and they would go to their executive. That is the history. Then, I urgently invited the associations back in to have discussions. That process eventually led to the Workplace Relations Commission and the Labour Court. As I have said, we are awaiting the outcome.
Deputy O'Callaghan made a point about contingency planning. Let us be clear: the Commissioner has of course at all times been considering this. She has sent out the letter to ascertain what numbers will be available. GRA representatives have said that in the event of their strike going ahead they will co-operate with the Commissioner to ensure a basic policing service will be in place so that emergencies can be responded to.
Comment on this
Let us be clear: if 12,800 gardaí go on strike, there is no contingency plan that can replace that number. We are talking about essential services, keeping our airports and ports open, commerce continuing and responses being made to serious and urgent 999 calls and emergency situations.
Comment on this
Everyone is making an appeal to the parties to pull back from the brink. However, the Tánaiste must recognise that there are two parties on the brink. This involves not only the Garda associations but the Government as well. It is simply not satisfactory to say that this matter is being dealt with by the Labour Court. The Government is not directly involved in that process.
I am asking the Tánaiste a question in respect of the contingency plans. Can the people be safe in the knowledge that tomorrow they will be protected? The Tánaiste has told the House that she cannot say there will be sufficient contingency plans in place, but she has a responsibility to ensure that people are safe tomorrow. It is regrettable that there may be criminal gangs planning serious operations for tomorrow. Responsibility for that rests with the Garda associations; it also rests with the Government.
We heard this morning of reports suggesting that Labour Court officials may not have enough time after they met the AGSI in order for them to make recommendations. Is there any truth to these reports? Is the Tánaiste confident that the Labour Court recommendations will be out later today? Does the Tánaiste expect a ballot to take place on this issue? Have plans been put in place to meet the GRA and the AGSI to discuss either the Labour Court recommendations or contingency plans later today?
Comment on this
The Labour Court is independent and has made it clear that it cannot make a decision on the claim today and that it needs more time. That is the very reason the associations should not go ahead with their planned action tomorrow.
Contingency planning is a matter for the Garda Commissioner in the first instance. The Government and I have been involved in discussions with the Garda Commissioner and have been kept informed by her as to the nature of the contingency plan being developed. For the reasons the Deputy has outlined, the details of that cannot be made public. The Commissioner and her management team will explain that contingency plan in detail for the public later if it is decided that the strike is to proceed. The GRA is in discussions with the Commissioner about the kind of support it can offer in the event of the withdrawal of its members tomorrow. Of course, people will be concerned and it is a different situation if we do not have the full complement of gardaí out there. Every effort will continue to be made to ensure the public is safe, that there is a response to 999 calls, that commerce continues, that airports and ports remain open, that business goes on and in so far as is possible and that there will be maximum safety for Irish citizens even with the limited resources that will be available.