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Dear commissioner... The secret letters revealing Ryanair's friction with EU bureaucrats

Unpublished correspondence shows that Michael O’Leary is just as amusing in private as he is in public.

IT’S NO SECRET that Ryanair boss Michael O’Leary isn’t exactly the biggest fan of European bureaucracy.

Although he campaigned for a remain vote in Britain’s 2016 Brexit referendum – even donning a suit made from the Union Jack and the 12 gold stars of Europe for the occasion – O’Leary has in the past been scornful of the institutions of the EU, which he once branded an “evil empire”.

It appears in private, the colourful chief exec isn’t any less blunt in his correspondence with European officials, as this previously unpublished exchange of letters with Employment Commissioner Marianne Thyssen shows.

‘Frank and open exchange’

To set the scene, cast your mind back to September 2018.

Ryanair was making progress on its industrial relations strategy born from the shock decision nine months prior to end a long-standing company policy and recognise trade unions for the first time.

At that point, the airline had signed agreements with unions in the UK, Italy, Germany and Ireland. It was also in talks with Spanish, Dutch and Belgian unions but having trouble in some areas like Portugal and Sweden.

On 26 September, Ryanair attended a meeting with Commissioner Thyssen to “discuss the current dispute at the airline company on the application of labour law and the steps Ryanair is taking”, according to a press release issued by the European Commission at the time.

Thyssen tweeted a picture of the two sides sitting down for their “frank and open exchange”:

The press release issued on 26 September stated that the meeting took place at the request of O’Leary. But it wasn’t particularly flattering of the Irish airline.

According to the statement, the commissioner told Ryanair’s reps that EU rules on the employment contracts for air crews are clear – that where a worker leaves in the morning and returns in the evening determines which local law they fall under.

This was in reference to Ryanair’s practice of putting some direct staff and agency staff on Irish contracts even if they lived and worked elsewhere. This was a source of frustration for some pilot and cabin crew trade unions.

In the months after its meeting with Thyssen, the airline took legal action against Irish officials over tax laws it said require it to place European staff on Irish contracts.

But back to the press statement of 26 September.

It included a criticising comment from the commissioner, who said: ”Respecting EU law is not something over which workers should have to negotiate, nor is it something which can be done differently from country to country.

“I made this very clear to Mr O’Leary today. I am not against Ryanair or against the low-cost business model. But with great success also comes great responsibility.

“The internal market is not a jungle; it has clear rules on fair labour mobility and worker protection. This is not an academic debate, but about concrete social rights of worker.”

‘Regrettable’

An exchange of letters between O’Leary and Thyssen, obtained by Fora, shows that the Ryanair boss wasn’t happy with the statement, which had been picked up by various news outlets.

Writing to the commissioner two days afterwards on 28 September, O’Leary said it was “regrettable that in your press statement (after the meeting) you took a definitive stance on a complex legal matter … while completely ignoring the core message which I delivered to you”.

He wrote that “Ryanair currently applies mandatory elements of local employment laws and has already offered to move fully to local contracts under local law” and said he had made such offers in public statements and in formal direct offers to pilots and cabin crew.

“In choosing to ignore these facts, you demonstrated the kind of bias which, in our meeting, you declared you were opposed to. As I explained, the matter is more complex than you wish to present.”

IMG_0300 (1) O'Leary's letter

O’Leary explained to Thyssen – who later denied that she had displayed any bias – that soon after their meeting, Ryanair received an email from the Rome Ciampino Employee Representative Committee.

He said the Italian organisation had requested that cabin crew “remain on existing Irish contracts until 2022″ because social benefits in this country are “superior to those of Italy in many respects”.

He said this showed that the airline can only move staff to local contracts by agreement with trade unions.

“A unilateral amendment of employment contracts, which you seem to suggest, would not only be legally invalid but would also likely lead to widespread dissatisfaction amongst our crews and further industrial unrest.”

The Ryanair chief said that where a union requests a transition to local contracts under local law, “we will accommodate this request as quickly as possible”.

Inviting the commissioner to engage in future “meaningful dialogue” on the matter, O’Leary saved his biggest burn till last.

“You said when we met that you read our previous letter to you as proposing that you ‘mind (your) own business’. Nothing could be further from the truth,” he told Thyssen.

“Our request, rather, is that you display the knowledge and balance that we would expect of a European Commissioner.”

‘Stated the obvious’

Marianne Thyssen sent a reply about a month later on 23 October.

“Thank you for your letter of 28 September 2018,” the commissioner started, before launching into her diatribe.

“Following our meeting of 26 September I restated the obvious, ie that I expect companies doing business in the EU internal market, such as Ryanair and its subsidiaries, to respect the applicable European and national laws.”

Thyssen told O’Leary she wished to “categorically refute” that she had acted with bias.

“As you know, I rearranged my diary at short notice to meet with you,” she told him.

“I found it very informative to hear your first-hand account of the steps Ryanair is taking in recognising trade unions and engaging in collective bargaining.

“However, my job remains to point out the precise implications of the existing European legislation to whom it concerns. That is what I will continue to do, in my meetings with both sides of the industry and in my public communication.”

O’Leary mustn’t have felt too sore about the whole episode.

As recently reported by Fora, the aviation chief called on Thyssen to intervene in its legal dispute with Irish officials over where it taxes European staff.

He even complimented her by requesting she add her “influential voice” on the matter. Talk about a love-hate relationship.

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Written by Conor McMahon and posted on Fora.ie

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    Mute John O'Reilly
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    Apr 6th 2023, 2:37 PM

    If only FFG politicians were as outraged by real photos of Gardai assisting masked thugs throwing families out on the street as they are fake outraged by a SF politician posting an artwork depicting the same

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    Mute John Mulligan
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    Apr 6th 2023, 4:08 PM

    @John O’Reilly: gardai don’t ‘assist’ in evictions. Their role is to ensure that there is no breach of the peace.
    Sinn fein hates the gardai, something to do with the way they used to stop them robbing banks. They murdered quite a few gardai in their time.

    388
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    Mute Michael Reilly
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    Apr 6th 2023, 4:31 PM

    @John O’Reilly: You might enlighten us where?

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    Mute Mc Comascaigh Paul
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    Apr 7th 2023, 8:25 AM

    @John O’Reilly: where can I find these images of masked thugs evicting families???

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    Mute Gerry Campbell
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    Apr 7th 2023, 9:44 AM

    @John O’Reilly: They are there because they are legally obliged to be there,surely you are not naieve enough to think it’s just random “let’s evict someone today for the crack” so presuming you know that they must be there ,what’s your point/agenda ?

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    Mute camio55
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    Apr 6th 2023, 3:08 PM

    I think SF are the last party in this state that should use history illustrations to embarrass government.

    Their most recent history in support of murder and violence is one they ask all to forget. Would they like those innocent dead to be on posters throughout Ireland.

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    Mute camio55
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    Apr 6th 2023, 7:20 PM

    @Ronan Meagle: No not all, it is too easy to forget when mouthing populous rhetoric the very recent history of SF . They live in a world of denial and hope the population at large will not dwell on their association and support for the phscophatic behavior of the IRA in the not too distant past. The innocent murdered could be with is today except for their actions. That is how recent their actions are in a historical context.

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    Mute Donal Desmond
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    Apr 6th 2023, 9:12 PM

    @camio55: The anniversary of the GFA is upon us. Yet the condemnation of one side in the conflict suits the narrative of FFG. Perhaps if successive Irish and British governments had not buried their heads in the sand concerning the apartheid state that existed in the six counties it could have been averted. The shaking of heads concerning Republican violence, yet the British state sponsored violence is glossed over. Hypocrisy at it’s best.

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    Mute Plumbers Dublin
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    Apr 6th 2023, 4:10 PM

    Sinn Fein meekly apologising with their usual sincerity! In regards to Sinn Fein and the eviction ban being lifted, I wish they would stop going on about it. I have the deepest sympathy for those it will affect but I don’t think Sinn Fein understand that we live in a free market economy. If a person works, pays their taxes and decide to spend their money on something that is not illegal it is their own right. Person buys a second house for investment or retirement. This is now their property and as such they should be allowed to do what they like with it when they want. The person may want the house to live in themselves, they may need the money desperately. If the government told you all their was a car shortage and that you could not sell your car in the north of Ireland where you could get twice the money or you had to car share with a neighbour everyone would be outraged. Why, because you bought and paid for it with your hard earned money and should be able to do what you want with it. It is not the landlords fault but with Sinn Fein’s attitude the average landlord just wants to get out because if Sinn Fein get in to power it will be no evictions, lowering of rent prices/rent freezes.

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    Mute Donal Desmond
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    Apr 7th 2023, 12:05 AM

    @Plumbers Dublin: Well FFG in power since the foundation of this state have been apologising for the last few years for their inept governance of this state .They are responsible for since the foundation of this state concerning the apartheid state that existed in the six counties. Yet you criticise the people who fought against this system. The hypocrisy is typical of FFG.

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    Mute honey badger
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    Apr 6th 2023, 2:43 PM

    An non-apology. Politicians are great at them.

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    Mute John Mulligan
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    Apr 6th 2023, 4:10 PM

    @honey badger: why pick on Doherty?
    It’s just a house, albeit a huge one.

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    Mute Chris Gaffney
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    Apr 7th 2023, 12:16 AM

    @John Mulligan: Still didn’t hear any meaningful account of the Cabra house either???

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    Mute Richard Starling
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    Apr 6th 2023, 3:14 PM

    I’ll bet he does (not)! Doesn’t Sinn Fein want to disband the garda entirely if they get in power (or did I hear it wrongly)?

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    Mute Brendan O'Brien
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    Apr 6th 2023, 3:30 PM

    @Tommy Berry: They used to refer to them as ‘Free State RUC’. I think it’s safe to say that they don’t like them much. They’re not big fans of our republic either.

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    Mute Richard Starling
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    Apr 6th 2023, 5:36 PM

    @Tommy Berry: Thank you for correcting my misheard information.

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    Mute Richard Starling
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    Apr 6th 2023, 5:39 PM

    @Paul Whitehead: that was uncalled for. All I noted was something that came up and may have misheard. You could have corrected me politely instead of the insulting tone of your statement

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    Mute Chris Gaffney
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    Apr 6th 2023, 9:37 PM

    @Richard Starling: Gardai, landlords, developers, revenue, multi national companies and much more…..God Help Us!!

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    Mute Paul
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    Apr 6th 2023, 6:03 PM

    Given the IRA killing of Gardai, and the visits by SF members to their killers in prison, I’m not at all surprised at the Tweet.
    I wonder if the Army Council had to approve his “apology”.

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    Mute KeithG
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    Apr 6th 2023, 10:56 PM

    @Paul: Ffs.. Any thing new or interesting to add..

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    Mute Tony Harris
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    Apr 6th 2023, 3:00 PM

    In fairness, Simon’s outrage completely took the headlines away from the latest opinion polls! A job well done, Simon. Congratulations

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    Mute Chris Gaffney
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    Apr 6th 2023, 3:36 PM

    He is a total bag of wind!!

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    Mute Michael Keegan
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    Apr 6th 2023, 2:35 PM

    Tone deaf

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    Mute alan
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    Apr 6th 2023, 2:37 PM

    @Michael Keegan: or cat out of the bag.

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    Mute Don Hogan
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    Apr 6th 2023, 9:19 PM

    This guy is unfit for any office and a liar. Ireland deserves better than him.

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    Mute Dev
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    Apr 6th 2023, 4:20 PM

    he definitely nailed the soyboy aesthetic

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    Mute Cobson
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    Apr 6th 2023, 3:36 PM

    new soyjak just dropped

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    Mute Siobhan O'Sullivan Morrin
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    Apr 9th 2023, 4:48 PM

    I don’t know why he should ‘regret’ the posting of this piece of protest artwork.
    I didn’t take it to be a reflection on individual gardai or on the force in general. Rather I saw it as a metaphor of the State forcing people into homelessness. It’s a perfectly valid response to the lifting of the eviction ban and the lack of suitable and affordable alternative accommodation in the private rented sector at the moment.
    And just for the record – I’m not a supporter of Sinn Féin as such (though I have voted for their candidates) but if someone says something that makes sense … … …

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    Mute Proinnsias O'Dubhlaoich
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    Apr 22nd 2023, 8:58 AM

    It’s all hot air about the lack of affordable housing and evictions. Our political class and that includes SF have decided every person rich and poor from around the world can land here legally or illegally and stay, even those who have deliberately destroyed their documents after boarding an aircraft or paid into some scheme to get residency. So I don’t want to hear another bloody word from any politician of their concern about the lack of houses and the homeless Irish unless it’s in the same sentence requesting the arrest and deportation of illegal migrants (who have broken EU/UN rules ). We all know why there is a lack of houses for Irish people or maybe the multi jabbed sheep can’t still don’t get it. Sick of this fake concern from these wretches in the Dail like they don’t know why it’s happening, they’ve caused it.

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    Mute Joe Bergin.
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    Apr 7th 2023, 10:07 AM

    Yeah… I think not.

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