Collective confusion December 3, 2013Posted by Tomboktu in Collective Bargaining, Employment Rights, Human Rights.
In the Irish Times on Friday morning, Stephen Collins told us
Plans to introduce compulsory collective bargaining for all companies in the State will be announced tonight by Tánaiste Eamon Gilmore at the opening of the Labour Party national conference in Killarney.
The ICTU’s legal and legislative officer, Esther Lynch, tweeted on Friday that the “devil will be in the detail” but still felt able to declare “Really welcome announcement on progress towards securing proper respect for human right to collective bargaining”.
In the evening, what Eamon Gilmore actually said must have been a disappointment to her:
Labour agreed in the Programme for Government to reform the current law on employees’ rights to engage in collective bargaining, so as to ensure State compliance with the judgements of the European Court of Human Rights. And I am glad to say that Government will begin the process of legislating for that commitment in the coming weeks.
She would realise that enusring compliance with the European Court of Human Rights will not be a major change. The minister responsible for this change will be Richard Bruton, and he has twice told the Dáil what the gap in the Irish law is.
The ECHR judgment found that under United Kingdom law at the relevant time it was possible for an employer effectively to undermine or frustrate a trade union’s ability to strive for the protection of its members’ interests. Accordingly, the ECHR concluded that, by permitting employers to use financial incentives to induce employees to surrender important trade union rights, the UK had failed in its positive obligation to secure the enjoyment of the rights under the European Convention for the Protection of Fundamental Rights and Freedoms.
He confirmed that in June that year to Fianna Fáil’s Willie O’Dea:
The compliance with the European Court of Human Rights judgment arose out of a judgment in the United Kingdom where, to paraphrase, a court judged that employers were giving priority to people who were not members of a trade union and in certain circumstances were deemed to have been victimising those who opted to join a trade union. The court found that the British law in that case was in contravention of human rights. The issue has arisen to proof our legislation against any similar frailty. This is my understanding of the matter.
Important as that is, it is a long way from what Stephen Collins reported on Friday morning.
I would love to know the story behind the differences between the front-page story in Friday’s Irish Times and the actual speech delivered on Friday night.
Was Collins given a dud briefing on Thursday, or did he misunderstand a reference in his pre-conference briefing to the Strasbourg court’s ruling, or did his report provoke contact between Richard Bruton — the minister responsible for the planned legislation — and Gilmore, leading to a change in the line by the time the speech was delivered on Friday evening? I don’t know which of those three possibilities — Collins spouting garbage, Collins being fed garbage, or Gilmore climbing down — is worst.