RACO settlement allows temporary ICTU membership for pay talks

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Representative Association of Commissioned Officers (RACO) settled its High Court case after the State agreed to allow it to join the Irish Congress of Trade Unions (ICTU) temporarily for pay talks.

On 2 June 2022, Ms Justice Nuala Butler was informed that the case had been settled following out-of-court discussions. The report said the court could make an order formally allowing RACO to join ICTU as a temporary associate member.

RACO and its Secretary General, Commandant Conor King, had brought proceedings against the Minister for Defence, Ireland and the Attorney General. They claimed that refusal of consent to join ICTU breached RACO’s right to collective bargaining. RACO sought a declaration that the failure to consent was incompatible with the State’s obligations under the European Convention on Human Rights.

Under the settlement, the State would consent to temporary associate membership for forthcoming pay negotiations until 30 June 2024 or until legislation dealing with the issue was introduced. The Minister for Defence could extend that period or terminate it if the agreement was breached.

RACO agreed that its members would not call for or support industrial action in the Defence Forces or any other sector, and that it would not ask members to take part in a trade dispute or industrial action. It also agreed not to encourage breaches of military law or engage in protests, media commentary or agitation against government policy.

RACO agreed that officers must remain fully operational and unconditionally available to the government for State security. The Minister also agreed to expedite legislation to facilitate longer-term ICTU association.

This report covers an earlier stage of the case. Later developments are not reported here.