Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 28 May 1974

Vol. 273 No. 1

Anti-Discrimination (Pay) Bill, 1974: Fifth Stage (resumed).

Question again proposed: "That the Bill do now pass."

Having regard to the problems which will arise and the responsibilities placed on the shoulders of the equal pay officer, we would like the Minister to say if there will be any form of appeal board or will the decision of the equal pay officer be final? We did argue on Second Stage that there should be an appeal board constituted of trade union officials and employers' representatives. An individual examination of the situation could be fairly subjective and we believe a wider approach should be available. Job evaluation is something that requires an objective approach. Clearly defined guidelines will have to be laid down. Difficulties are bound to arise in determining what precisely constitutes work of equal value or "like work" to use the term employed in the Bill. The determination of job evaluation will depend on the guidelines laid down.

The Minister will have to be vigilant in ensuring that there is no downgrading of women. He will have to ensure also that equal pay will not bring with it a new agreement for the women seeking equal pay. It was pointed out in the course of debate here that some employers in countries which had acceded to the equal pay principle decided there was a new ball game and a new agreements was necessary. In those agreements many undesirable irritants were written in. Equal pay must be on the basis of the work previously done and existing agreements in relation to that equal pay must be maintained. If new agreements evolved the legislation before the House at the moment could be nullified. I hope the Minister will safeguard the position of women against this kind of tactic.

In the course of the debate examples were given to the Minister of the various ways in which employers might downgrade women. There are other factors, apart from equal pay, which enter into the picture and I trust that in the trinity of legislation the Minister has indicated he will be bringing before the House he will take into consideration those other factors. I pointed out one such factor in the journal from which I quoted before business was suspended. There is discrimination right through social welfare payments; there is discrimination in taxation and in the adjustment of incomes. There is discrimination in downgrading. In this Bill we have created discrimination that was not there before and it is regrettable that the House would pass such defective legislation.

One matter I should like the Minister to comment on is that some trade unions have indicated that where men are available for posts they should get preference. I take it such trade union attitudes will be nullified by this Bill and that this type of discrimination will no longer exist. The Minister has had discussions with trade unions whose voices have been loud about giving preference to men if they are available, and I should like to hear from him that he is satisfied there would be none of this in the future.

Equal pay in the public service was introduced by Fianna Fáil and when we get back to office we will ensure that this legislation will be strengthened to eradicate the problems that we see in this legislation so that with the passage of time people's difficulties will be remedied and their jobs protected. We have had a long discussion on all aspects of this Bill and I do not intend to delay the House further. I am sorry to see this type of discriminatory legislation going through which does not give full and adequate protection to people who should be benefiting by it. If problems arise because of the Bill, the Minister must bear full responsibility.

I should like the Minister to indicate when the promised legislation on wrongful dismissal will be before us. He can be assured of our full co-operation in the passage of any legislation for the good of employees but we emphasise again that it should not be necessary to have further legislation to bolster the Bill now going through the House. We hope many people will benefit by this Bill and that no woman will lose here job because of making a claim for equal pay. However, there are some unscrupulous employers, not many, who would avail of every opportunity to dismiss people, to downgrade them.

The passage of this Bill will confer solid advantages on women throughout Irish industry. The Bill deals with an important area of discrimination in employment, that of pay. The Bill is adequate to deal with that type of discrimination wherever it applies and involves women doing work equal with that of men in industry. This Bill will eliminate that type of discrimination.

I can assure Deputy Dowling that staff involved under the Bill will be properly trained and will be diligent in checking any departure from the terms of the legislation. He raised a point about appeals. There would be an appeal from any decision of an equal pay officer to the Labour Court. I made it clear from the start that accompanying legislation would be necessary if this enactment was to confer full advantage on the people whom it sets out to help. I have announced my intention of introducing to the House legislation under the heading of "Unfair Dismissal" and also legislation that would cater for the area of promotion, recruitment and training of women. These other pieces of legislation will be necessary. While the items to be covered by such legislation would not be appropriate to this Bill, it would certainly be untrue to suggest that this Bill will not be more advantageous when those other pieces of legislation are enacted. In the current session, I would hope that one at least of these measures could be introduced to the House. Certainly, I would be confident that in the latter portion of this year I would be in a position to bring both pieces of legislation before the House. Either way, I have made it quite clear that those other pieces of legislation will be fully operational by the time this piece of legislation becomes part of our fundamental law in 1975.

Therefore, I commend this legislation to the House. It goes the road originally mapped out for this Legislature by the Commission on the Status of Women Report, that report which was first, in interim form, available in 1971. I do not exaggerate. I do not make too great claims for this legislation but I do say it will prove an efficient instrument for removing injustice perpetrated against women in Irish industry in matters of pay.

Question put and agreed to.
Top
Share