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APPENDIX 7
22 May, 1985. Mr. Ruairi Quinn T.D. Minister of Labour 50-60 Mespil Road Dublin 4 Dear Minister, The Joint Committee met the Dunnes Stores strikers, at their request, on Wednesday, 8 May. The purpose of the meeting was to discuss the workers’ action relative to the handling of goods from South Africa given the effects of apartheid on development generally in Southern Africa. In the course of discussion the Committee commended the workers for their courage in taking action at a practical level to highlight and oppose the system of apartheid and recognised their right to the exercise of freedom of conscience in the issue which it considers to be pre-eminently a moral one. In the course of the discussion the Committee noted that the right to the exercise of freedom of conscience in relation to a specific moral issue already existed in some work related situations (i.e. in the pharmaceutical and medical fields). It expressed the opinion that the exercise of this right should be broadened to include workers in general. The Committee recognises that the extension of this right raised delicate and complex issues and for that reason would wish to be as fully informed as possible on the present position in labour laws relative to the exercise of freedom of conscience. It would also be grateful to know if it is your intention to examine labour law in general with a view to broadening its scope in this regard. Yours sincerely,
31 July 1985 Deputy Nora Owen Chairman Joint Committee on Cooperation with Developing Countries Leinster House Dublin 2 Dear Deputy Mr. Ruairi Quinn, T.D., Minister for Labour, has asked me to refer to your letter of 22 May, 1985 concerning the dispute at Dunnes Stores, Henry Street, Dublin and to apologise for the delay in replying which arose from an accident of misfiling. As you are aware the Minister for Labour referred the above dispute to the Labour Court on 22 April, 1985 for a report under Section 24 of the Industrial Relations Act, 1946. The Court met representatives of the Company and the strikers and submitted its report and recommendations to him on 21 May, 1985 (see copy enclosed). In reviewing the issue of principle which gave rise to the strike, the Labour Court confirmed that it had identified “a problem in relation to the rights of conscientious objectors in employment”. On the question of reviewing labour law in order to establish if it is necessary to broaden its scope in matters of conscience, the Court was unsure whether changes, if any, should be made through legislation or through codes of practice. It suggested that it would be useful if there were discussions between the social partners on the issue and recommended that the Minister for Labour should invite submissions from them. This issue raises a number of complex questions which the Minister is considering for discussion with the social partners. (A background note on some of these points is provided, for information). The framework of trade dispute law is currently the subject of consultation with the ICTU and FUE. Proposals already presented to the social partners identified the scope for changes in dispute law, in institutional arrangements and a basis for the development of a more coherent procedural framework at national level. The formulation of codes of practice - one of the possible means of accommodating a right of conscientious objection identified by the Labour Court - is one of the developments which is currently being explored with the social partners. Yours sincerely
Freda Nolan Private Secretary
5 November, 1985. Mr. Ruairi Quinn T.D. Minister for Labour 50-60 Mespil Road Dublin 4 Dear Minister, The Joint Committee has recently considered the reply of 31 July 1985 signed by Ms. Freda Nolan, Private Secretary, to its letter of 22 May 1985 about the possibility of extending to workers the right of conscientious objection where problems of conscience arise in work related situations. The issue, as you may recall, was raised at a meeting of the Committee with the Dunnes Stores Strikers on Wednesday 8 May last. The Committee notes that the Labour Court Report on the Dunnes Stores strike recommended (i)that you convene a conference of the major supermarket chains to agree a voluntary code of practice in order to minimize the sale of South African goods in supermarkets. (ii)that you write to the social partners asking them for submissions on the problem relative to the rights of conscientious objectors in employment. The Committee also notes that there has been some recent movement on the issue of the right not to handle South African goods in that Catering Ireland Limited have drawn up an agreement with the ITGWU and the Mirror Mirror chain with IDATU. The Committee would be grateful if you could inform it, in general terms, about the progress which has been made relative to the Labour Court’s recommendations mentioned above. Specifically the Committee has expressed the opinion that, pending the establishment of an overall satisfactory framework to cater for the rights of conscientious objection in employment generally, and in the light of the growing outrages in South Africa, some way should be found in the short term to enable workers to exercise their right of conscientious objection in the specific issue of the handling of South African goods. The Committee would appreciate your comment on this latter point. Yours sincerely,
Nora Owen T.D. Chairman
11 December, 1985. Mr. Ruairí Quinn T.D. Minister for Labour 50-60 Mespil Road Dublin 4 Dear Minister, I refer to my letter of 5 November last asking about progress on the Labour Court’s recommendation in relation to the Dunnes Stores strikers. The possibility of establishing an acceptable mechanism which would enable workers to exercise their right of conscientious objection in the specific issue of the handling of South African goods was also raised. I would appreciate a reply to my letter before December 18th next. Yours sincerely, ____________________ Nora Owen T.D. Chairman
8 January, 1986 Deputy Nora Owen Chairman Joint Committee on Cooperation with Developing Countries Leinster House Dublin 2 Dear Nora I have your letter of 11th December, 1985, concerning the Dunnes Stores dispute and the question of protection in law for a right of conscientious objection to handling South African produce. As you are aware I have made efforts over the past year to assist the parties to the dispute to resolve the issue and have kept in close touch with developments since the strike began. In recent months the Labour Court made further efforts to ssecure an agreed settlement in the context of my original request to the Court to provide me with a report on the prospects for such a settlement. I am hopeful that the action taken by the Government on Thursday 19th December, 1985, when it announced its intention to introduce a system of licensing for the import of South African produce with effect from 31st March, following verification of allegations that such goods are produced under prison labour, will prove a turning point in the industrial relations dispute. The action of IDATU in suspending picketing is a positive step in this regard. While I consider that a genuine settlement of the Dunnes Stores dispute will only be achieved in the industrial relations context, I am, nevertheless, convinced that the prospects for arriving at an agreed settlement are likely to be greatly influenced by the public perception of the Government’s stance on economic relations with South Africa. The form of action decided upon by the Government before Christmas has placed Ireland in the forefront of action being taken by the European Community against South Africa. The Government will be informing its EEC partners of the action it proposes to take and will seek to bring them along with us in concerted action against South Africa. The Irish Government’s action is similar to measures announced by the Swedish Government last September which came into effect on 1st January, 1986. Ireland decided like Sweden to act on a provision in the General Agreement on Tariffs and Trade which allows countries to ban imports of goods which are the product of prison labour. I am satisfied that the necessary verification process can rely on studies of the living and working conditions of South African workers which have already been undertaken by international organisations such as the I.L.O. to sustain the view that convict labour is extensively employed in South African agriculture. The machinery for operating the import restrictions will also need to be put in place by devising a system of licensing for the import of South African fruit and vegetables to come into effect after 31st March, 1986. The framework of trade dispute law and of the statutory protection against unfair dismissals are currently under review. The formulation of codes of practice - one of the posible means of accommodating a right of conscientious objection on an agreed basis in particular employments - is one of the developments which is currently being explored in consultations with ICTU and FUE. I am not convinced that the particular industrial relations problems arising in the Dunnes Stores dispute should be tackled through primary legislation while the possibility exists of establishing more flexible agreed procedures to cover such matters. I am hopeful that, in the light of the Government’s action on 19th December and the subsequent decision of IDATU to suspend picketing action at Dunnes Stores, Henry Street, a return to work can be arranged on an agreed basis before long. Yours sincerely
RUAIRI QUINN, T.D., Minister for Labour. |
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