Garda strike ban breaches European charter
A European human rights body has taken Ireland to task over its continuing failure to give gardaí the legal right to strike.
It also said there was still a “substantial deficiency” by the State in providing accommodation to Travellers and in improving the conditions of halting sites.
The European Committee of Social Rights (ECSR), which is part of the 47-nation Council of Europe, said that while the State has made progress in both areas, it was still in breach of the European Social Charter.
The ECSR is responsible for monitoring compliance with the charter, which is a legally-binding counterpart to the European Convention on Human Rights.
Following a complaint taken by the European Confederation of Police, on foot of a case by the Association of Garda Sergeants and Inspectors, the ECSR ruled in December 2013 that Ireland was in violation of the European Social Charter.
This was because of restrictions imposed on Garda representative bodies and the complete abolition of the right to strike by police.
In findings, published today, the committee found that while progress had been made, that the necessary reforms had not been completed.
It said the Irish authorities had not provided information on the key issue of the right to strike. The committee also said the Government had agreed to draft legislation to provide Garda associations with full access to the Workplace Relations Commission and the Labour Court — and that they would have full access to public service pay negotiations.
It noted that an inter-departmental working group had produced its first report in September 2017 and that a second and final report was awaited. But the first report “does not contain information” on the committee’s finding that the complete abolition of the right to strike violated the charter.
The ESCR also said that, in December 2015, it found that Ireland was in violation of the charter over the quality and quantity of accommodation provided to Travellers and the legal safeguards around evictions. The ruling followed a case taken by the European Roma Rights Centre.
In its finding today, the committee noted that despite the progress made, there is still a “substantial deficiency” in accommodation for Travellers.
It said a number of sites are in poor condition, lack maintenance and are badly located while noting that legal safeguards for those facing eviction are also still inadequate.
In its submission, sent before the inquest, the IHREC said the fire at Carrickmines — which claimed 10 lives (five of them children) as well as the life of an unborn child — was a “shocking illustration” of the discriminatory barriers members of the Traveller community experience in accessing appropriate accommodation over and above those experienced by the rest of society.
The Irish Human Rights and Equality Commission said a fire safety review found that separation distances between Traveller dwellings was an “issue of concern” in almost 60% of halting sites examined.
It specifically mentioned the Spring Lane halting site in Cork City, where “ongoing fire risks” were identified.
