When will this Bill be circulated?
Anti-Discrimination (Pay) (Amendment) Bill, 1975: First Stage.
Leave granted to introduce a Bill entitled an Act to amend the Anti-Discrimination (Pay) Act, 1974.
—(Minister for Lands.)
(Cavan): During the recess.
In view of the fact that the Act to which this refers will be effective from the 1st January can the Minister give any indication when it will be circulated?
(Cavan): I understand the Bill will be circulated without delay.
When is it proposed to take the next Stage?
(Cavan): On 21st January.
What happens between 1st January and 21st January before the current Act is amended in view of the fact that the current Act provides for equal pay in certain circumstances?
(Cavan): I suggest that that can be discussed when the Bill is circulated.
What will happen assuming some employers pay and keep themselves in a position to pay in accordance with the Act now in operation?
(Cavan): The law is as it stands until amended. This matter can be discussed on the Bill. When the Bill is circulated we can see what the position is.
This is most unsatisfactory. The Minister ought to know the effect of the legislation he proposes to introduce. I assume he knows the effect of the legislation already in operation. If citizens operate under the Act they will find, after a period of 21 days, that their action might be declared illegal. If this is so nobody can change what he has done. Therefore, the whole purpose of what the Bill proposes is already breached. The Minister ought to be able to tell the House satisfactorily what the position is and not leave it in the unsatisfactory state he has suggested, that we will discuss it when the Bill comes before the House.
(Cavan): I suggest that the Leader of the Opposition might leave the discussion over until the Bill has been circulated. The Bill will be effective as from 1st January so that there will be no problem.
If a person operates under existing legislation before the Bill is introduced in this House which will be at least three weeks after 1st January will he be held to be in breach of the law?
(Cavan): I am telling the House that the Bill, which it is proposed to circulate, will be effective from 1st January and if, in the light of that, he decides to proceed on the basis of existing law there is nothing I can do about it.
Is it not a fact that the Minister, and the Government, have not looked through this at all, that they have not seen their way out of the difficulty in this regard? They are just willy-nillying in introducing a Bill without knowing what the legal effect of it will be.
Will this Bill also be defective from 1st January?
(Cavan): I do not propose to reply to the remark made by Deputy Cunningham. I have told the Leader of the Opposition what the position is and it is clear.
Will the Bill be circulated before 1st January?
(Cavan): The Bill will be circulated with the minimum of delay.
Surely the Minister sees the point, that if it is not circulated until after 1st January how are people to operate in accordance with the retrospective law?
(Cavan): As of now everybody has clear notice that it is proposed to change the law with effect from 1st January and, unlike the Leader of the Opposition and Deputy Colley, I presume they will use their common sense.
If I wanted to pay my female employees in accordance with the present legislation I could snap my fingers at the Minister and the Government and tell them I was within the law. The Minister ought to know that.
How much of the Act will be amended?
(Cavan): The Deputy will see that when the Bill is introduced.
Second Stage ordered for Wednesday, 21st January, 1976.