Conor Lally In Sligo
Rank and file Defence Forces personnel are to take a case to Europe seeking trade union-style rights following a successful action by Garda sergeants and inspectors earlier this year.
The association representing soldiers, airmen and seamen, Pdforra said it would go to the Council of Europe seeking a place in negotiations on pay and conditions.
At present Pdforra is briefed on the edges of talks when national wage agreements and other major negotiations are being conducted. However, iIt cannot take part in them because it is a representative body rather than a union.
Military personnel are barred from joining a union or going on strike. Pdforra wants to join the Irish Congress of Trade Unions (Ictu) and participate in collective bargaining. It also wants the right to join workers' protests and marches as a group, rather than as private individuals.
In a landmark ruling in May, the Council of Europe’s committee on social rights ruled the State was in breach of the European social charter in denying gardaí the right to the industrial relations mechanisms that Irish civilian workers and other police forces in Europe enjoyed. These included taking an active part in pay negotiations, striking and organising like a trade union.
The Government subsequently said it was not willing to grant any members of the Garda the right to strike, because they provided such a valuable service around the clock. However, the concessions the Government appears willing to make – relating to access to the Labour Court, Labour Relations Commission and Ictu membership – will likely come in the lifetime of the Coalition, sources have said.
Pdforra president, Mark Scally confirmed his association was not seeking the right to strike, even though that was an element of the action taken by the Association of Garda Sergeants Association.
Meanwhile, Pdforra was also urging Minister for Defence Simon Coveney and senior Defence Forces officers to relax a rule introduced in 1994 that stipulates personnel who have not risen to the rank of sergeant must retire after 21 years' service. "These are good, physically healthy people," Mr Scally said of the personnel. "And it's going to cost another €100,000 per person to bring an ordinary recruit up to that level."
The first of the effected group will see their contracts expire next year. Pdforra has made representations to arbitration and is hopeful the personnel will be allowed to stay on. Mr Coveney has insisted that young troops were needed for foreign deployments that would only become tougher and more robust into the future.
The ruling on the issue is expected in coming months and Pdforra is confident concessions will be made. It has argued Defence Forces members in their late 30s and early 40s are much healthier and fitness ofmuch better now that the same age group when the rule was introduced. It believes there is no longer any need for the rule now.