Catholic Social Teaching and Freedom of Association in Ireland

Abstract

Catholic Social Teaching and Freedom of Association in Ireland Gerry Whyte Introduction In this paper, I wish to review the legal position of trade unions and their members under the Irish Constitution in light of Catholic Social Teaching on what the Compendium of the Social Doctrine of the Church (hereafter ‘the Compendium’) refers to as ‘the ever urgent worker question, that is, the problem of the exploitation of workers brought about by the new industrial organisation of labour, capitalistically orientated, and the problem, no less serious, of ideological manipulation – socialist and communist – of the just claims advanced by the world of labour’.1 Given the minority position of socialist and communist parties in Irish politics, it may come as no surprise that, to the extent to which the Irish courts have been asked to consider how the Constitution addresses the worker question, the problem of the ideological manipulation of the just claims of workers has not featured at all in the litigation to be reviewed in this paper. However, the exploitation of workers by employers barely features either, as a striking feature of this litigation is that most of the constitutional case law on freedom of association in the context of industrial relations has been taken by individual workers against trade unions, rather than by workers or unions seeking to counter the exploitation of workers by employers. That said, the Constitution has been interpreted by the courts as protecting but also restricting the right to strike.A comment by one judge has also given rise to concern that the Constitution may impede the ability of the Oireachtas to legislate for the recognition of trade unions by employers. So it is possible to test some aspects of the impact of the constitution on the conduct of industrial relations against Catholic Social Teaching. Accordingly, I will begin by briefly sketching Catholic Social Teaching on the worker question before turning to consider to what extent, if at all, the constitutional position on the right to strike and on the issue of union recognition is compatible with such teaching. Three preliminary points need Studies • volume 108 • number 432 421 Catholic Social Teaching and Freedom of Association in Ireland to be made about this exercise. First, Catholic Social Teaching, because of the generalised nature of its principles relating to economic life, may be of limited value in formulating appropriate public policy. Thus HornsbySmith comments: ‘However valuable these criteria [relating to work and employment]areasguidelinesforaChristianresponsetothevariousproblems and issues of economic life, they are always in need of interpretation in real, concrete social situations. This is explicitly recognized by the Church’s leaders who claim no technical expertise on economic matters but insist that they have an essential moral dimension which must be taken into account. But it does mean that generally speaking the Church seems to be good on criticism and weak on policy proposals’.2 Second, notwithstanding the influence of Catholic Social Teaching on certain aspects of the Irish Constitution, the increasingly secular nature of Irish society makes it very unlikely that an Irish judge would look to Catholic Social Teaching to interpret the Constitution. So the exercise on which I am about to engage may have very little practical utility. Finally, one should note the dramatic decline in trade union membership in Ireland in recent decades, which forms part of the context for this discussion. In 1980, a record high of 62% of all workers in Ireland were trade unionists.3 By 2018, however, this had declined to 24% of workers, with most trade unionists now being employed in the public sector.4 Catholic Social Teaching on trade unions, therefore, may have little application to the lived reality of most employees in this country. Catholic social teaching on the primacy of labour According to Hornsby-Smith, ‘The key starting point of Catholic social thought is the fundamental dignity of every individual human being created in the image of God and destined for everlasting life with Him. From this flows the primacy of labour over capital, the right to work and to a just wage, decent working conditions, and the right to participate in decision-making’.5 The Catholic emphasis on the dignity of the individual...