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Leah Farrell

Union membership for soldiers should be considered, finds review

PDFORRA, which represents soldiers, sailors and aircrew has been campaigning for trade union rights.

CONSIDERATION SHOULD BE given to allow defence force unions affiliate with the Irish Congress of Trade Unions (ICTU), according to a new report given to Minister with Responsibility for Defence, Paul Kehoe.

PDFORRA, which represents soldiers, sailors and aircrew of the permanent defence force, has long been campaigning for trade union rights for its members.

In 2014, it launched a complaint against the government under Articles 5 and 6 of the European Social Charter stating that its members did not have the right to strike. 

It also made the case that it was not allowed to take part in collective bargaining over pay or be affiliated with an umbrella trade union organisations and therefore could not take part in national negotiations on public sector pay.

The European Committee of Social Rights ruled that the defence forces should be entitled to collective bargaining rights. 

Last year, the minister announced a review of the current defence forces Conciliation and Arbitration Scheme (C&A).

The report, seen by TheJournal.ie but which has yet to be published found that space should be given to explore the union having closer ties to ICTU.

…the official side should, with the consent of the minister engage in discussions with the ICTU. The practicalities of a representative association forming association/affiliation with the ICTU should be explored while giving due consideration to any likely conflict that might arise between such an arrangement and the obligations of military service.
Should this be viable, discussions could then continue on a more formal basis to include the representative associations.

It adds that ICTU should be approached so as to ascertain conditions attached given that industrial action is “irreconcilable” with military service.

The report adds that any link up with a trade union by the military cannot impede on the delivery of essential services by the defence forces.

The report states that “given the restrictions of military service and in particular the prohibition on taking strike action… it is of paramount importance that the defence forces have access to dispute resolution machinery that is comprehensive, easy to access, timely in its operation, independent and enjoys the confidence of all the parties who use it”.

During the last public service pay negotiations, union reps believed that they had only a peripheral involvement, and were side-lined by the government, according to the review document.

In order to “devise confidence building measures” and ensure the unions effective participation in such processes they should be involved in Public Service Pay negotiations, as well as the Public Service Pay Commission, it states.

The report also states there are two processes in which members can make complaints on issues such as pay and conditions and other matters. 

The most recent data from the Grievance Management Office for the period January 2016 to the present, show that of the 172 complaints referred to the Redress of Wrongs (RoW is the complaints process for individuals) process – seven related to pay and conditions and 165 to other matters. 

The most recent data from the C&A Scheme for the period January 2016 to the present, show that of the 198 individual cases referred to it, 173 related to pay and conditions and 25 to other matters.

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39 Comments
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    Mute Kerril Lindsay
    Favourite Kerril Lindsay
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    Oct 5th 2016, 7:25 PM

    Judge wanted to send out a strong message by handing out 3 years, he then went and suspended it, the mind boggles

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    Mute Homer's imp son
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    Oct 5th 2016, 7:44 PM

    The mind would boggle in a normal country. Not here, unfortunately

    271
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    Mute Jamie McCormack
    Favourite Jamie McCormack
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    Oct 5th 2016, 11:35 PM

    People get beaten up in Ireland every day. Karma works in mysterious ways. What you put out you will get back. Beware.

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    Mute Bob McShane
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    Oct 6th 2016, 3:07 AM

    Money talks. Justice walks.

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    Mute cormac o connell
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    Oct 5th 2016, 7:26 PM

    And he just let them buy themselves out of doing jail time

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    Mute john
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    Oct 5th 2016, 7:26 PM

    A suspended sentence is a strong message for a violent and unprovoked attack? What role are these judges living in?

    277
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    Mute Peter fechter
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    Oct 5th 2016, 7:27 PM

    A most generous judge…..3 vicious thugs…

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    Mute Daisy Chainsaw
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    Oct 5th 2016, 10:22 PM

    @Peter fechter: Probably from “good families”, pillars of the community, GAA etc

    64
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    Mute Keith D'Arcy
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    Oct 5th 2016, 7:33 PM

    Suspended sentences, a strong message to continue the thuggery with impunity.

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    Mute LITTLEONE
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    Oct 5th 2016, 7:37 PM

    A strong message these days is pay €3000 to the victim after you viciously attacked him and the nice judge will give you s suspended sentence. Ridiculous.

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    Mute Micheal OLainn
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    Oct 5th 2016, 7:30 PM

    Interesting that you can severely beat a victim, risk killing the victim, but you can buy your way our of a custodial sentence.

    The moral is that you can hammer people providing you have the money barely to compensate them for their injuries.

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    Mute Bingobango
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    Oct 5th 2016, 7:45 PM

    Seriously? The final kick in the teeth was delivered by Judge O’Donnell himself. Farce.

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    Mute Eyepopper
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    Oct 5th 2016, 7:47 PM

    I hope the judge wagged his finger at them as he was suspending the sentence, you know, to make a really strong statement!

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    Mute Mary Murphy
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    Oct 5th 2016, 7:45 PM

    Tom O’Donnell needs to be investigated. He must have the worst sentence record ever

    145
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    Mute Dave Murray
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    Oct 5th 2016, 7:55 PM

    “I don’t want to be (seen) as allowing these three young men to buy their way out of these matters”
    Wtf? That’s exactly what you’ve done judge, how else are people meant to look at it? What a horrible sentence.

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    Mute €uromancer
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    Oct 5th 2016, 7:38 PM

    Maybe the ‘judge’ should give attempted murderers a chance to throw doubles to avoid jail.
    Utterly farcical.

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    Mute Ricky McCabe
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    Oct 5th 2016, 7:50 PM

    Legal system is a joke

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    Mute Marek Klimczuk
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    Oct 5th 2016, 7:38 PM

    I was assaulted about 2 years ago, and taken to hospital for the night all in blood.
    I got no compensation whatsoever.

    The attacker committed suicide roughly 1 year after that.

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    Mute Jimmy Murphy
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    Oct 5th 2016, 8:16 PM

    It would seem you’d have to kill someone before you’re jailed in this country

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    Mute Deborah Behan
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    Oct 5th 2016, 8:40 PM

    For five years with the last two suspended.

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    Mute Trevor Beale
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    Oct 5th 2016, 7:54 PM

    In a situation like that the favour should be returned to each one of them individually. Make sure they don’t lay a finger on anyone else again. Brave boys.

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    Mute Termaz Fx
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    Oct 5th 2016, 8:35 PM

    I wonder if these three would get the same sentence if they attacked a judge?

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    Mute Ossi Fritsche
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    Oct 5th 2016, 7:38 PM

    Wonder if these posh thugs came from different part of Limerick, would the judge be so lenient. Class system always wins.

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    Mute Joe Bloggs
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    Oct 5th 2016, 7:44 PM

    Based on previous sentences handed down by Irish courts, yes.

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    Mute Peter fechter
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    Oct 5th 2016, 7:47 PM

    There are certain types of employment that would dismiss these gentlemen immediately if they were in any such employment…they would also be refused by many employers on the basis of their convictions.

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    Mute Dave Murray
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    Oct 5th 2016, 7:57 PM

    Peter, are you trying to say that the sentences were justified??

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    Mute Peter fechter
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    Oct 5th 2016, 10:33 PM

    Of course not Dave…too much of a believer in personal responsibility for that….my post was simply to point out the long term implications for these 3 buckos if they were of the type to possess a work ethic each.

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    Mute John Reese
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    Oct 5th 2016, 8:17 PM

    Sure the legal system is counting on these guys re-offending…more $$$. A major investigation of why we have a legal system and not a justice system needs to take place.

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    Mute The Mooooose
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    Oct 5th 2016, 8:52 PM

    Weak weak judges and no consequences to such cowardly actions is no deterrent. A quick credit union loan and Bob’s your uncle. Just another nail in the Irish coffin. No justice.

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    Mute Cian Omahony Snr
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    Oct 5th 2016, 9:49 PM

    Send out a strong message my ass ……no suspended sentence. ..send them to jail for 5 years full term. That would send a stronger message

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    Mute John003
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    Oct 5th 2016, 10:01 PM

    Why are cases like this never appealed by the DPP as too lenient
    Just once DPP appeal a far too lenient sentence

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    Mute aboutallthethings
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    Oct 5th 2016, 10:52 PM

    I think someone should explain to this judge how this is as far from a “strong message” as you can get. No wonder the country is going to shite socially with idiots like this as judges.

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    Mute Michael Farrelly
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    Oct 5th 2016, 8:43 PM

    Let’s them out to do it all again and then get another suspended sentence for them to do it again and then get……….

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    Mute Shane Fleming
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    Oct 5th 2016, 9:51 PM

    Deep remorse my hole. FFS the system is beyond a joke.

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    Mute Joe Dobias
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    Oct 5th 2016, 11:39 PM

    Well. Judge. You actually let them buy out of it.

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    Mute Cormac Laffan
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    Oct 5th 2016, 8:34 PM

    I wonder what a weak message would look like, the Judges words and actions don’t match up.
    That poor lad deserves justice, he hasn’t got it. 9 grand would probably buy some though, just a thought.

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    Mute Deborah Behan
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    Oct 5th 2016, 8:43 PM

    9 grand is not enough. He should have gotten all their worldly possessions that would teach them.

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    Mute Mrs parrott
    Favourite Mrs parrott
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    Oct 6th 2016, 12:48 AM

    “I don’t want to be seen to be allowing these 3 men to buy their way out of these matters”… so if you could just cough up 9000 euro there now you can go off home. Good man judge.

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    Mute Dave McCrea
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    Oct 6th 2016, 4:27 AM

    3 on 1… real tough guys. should all do time, see how they do inside

    14
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    Mute dominic
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    Oct 6th 2016, 2:56 AM

    At least the public know who the assailants are.But this type of verdict does not deter violent thugs or make the law abiding feel secure

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    Mute Ian Phillip Creaner
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    Oct 6th 2016, 6:13 AM

    A strong message?!!! What a d!psh!te of a judge.

    13
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    Mute Ciarán Masterson
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    Oct 5th 2016, 8:54 PM

    Obviously, the boyfriend of the woman who the victim was talking to doesn’t know what love is.

    13
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    Mute Ivan Costelloe
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    Oct 6th 2016, 7:13 AM

    Three thousand each!?? Probably not even a month’s wage for each of their parents. Ridiculous.

    8
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    Mute Alois Irlmaier
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    Oct 6th 2016, 2:11 AM

    Talk about insecurity? What w….rs.

    7
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    Mute Ian O Connell
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    Oct 6th 2016, 8:54 AM

    These judges are a disgrace in this kip, wanted to send out a strong message, and then suspends their sentence, disgusting

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    Mute Nasir Saeed
    Favourite Nasir Saeed
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    Oct 6th 2016, 12:10 PM

    Thick judge

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    Mute June Rose-Sommer
    Favourite June Rose-Sommer
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    Oct 18th 2016, 6:30 PM

    Another idiot Judge!! These guys who beat the poor guy are savages!! “They showed great remorse” said their Counsel!!That’s easily said!! The idiot judge bought it!!!!! No real ramifactions for savage perpetrators!! Our Judicial system STINKS TO HIGH HEAVEN!!!

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    Mute @Anthonyweim
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    Oct 7th 2016, 12:21 AM

    The judge noted “their deep remorse”, yeah right once they were caught! I wonder how many others they beat up before that?
    The big problem here is that judges simply don’t have the prison places to stick these ba$tards into and for some mad reason it’s now become the norm that judges think that a cash fine or payout solves everything.

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