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Dáil Éireann debate -
Wednesday, 2 Mar 1977

Vol. 297 No. 5

Anti-Discrimination (Unfair Dismissals) Bill, 1976: Fifth Stage.

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

It is expected of an Opposition spokesman to make comments on a Bill that has created widespread interest. Since I became spokesman for my party I have never had so many submissions from so many interested groups. This is good because it shows an interest in a much-needed Bill, a Bill which we hope will contribute to better human and industrial relations between the employer and the employee.

Fears were expressed about the harmful effects so many anti-discrimination Bills might have at a time of high unemployment. Bills of this nature should and must be introduced. Because of worth-while discussions from both sides on Committee Stage there have been a number of changes since this Bill was introduced and I am satisfied this is a much better Bill, although there is still room for improvement.

I am sure Senators will go through the sections in detail to see where there is room for improvement. I should like to bring section 2 (3) (a) to the Minister's attention. In the January edition of the Dock and Harbour Authority magazine Mr. F. Thomas Poole in the "Legal Notes", referring to the residence of a person or a person being domiciled in this State, said:

The law on Unfair Dismissal as it affects employees who work partly in Great Britain and partly abroad should be amended to take account of the difficulties likely to arise from the development of the EEC, the growth of international companies and the expansion of motor transport.

It goes on to say that because more and more time is being spent by people working either on international haulage or with multi-national companies in European countries, in the opinion of the writer decisions were made by the tribunal that could be regarded as unfair to the individuals involved. For that reason I ask the Minister to look at that section again. As I said on Committee Stage, "domiciled" can have a wide usage, can be used in many different ways from a legal point of view and could leave open an avenue that would not be desirable. Since we became members of the EEC we have become more involved with Europe and there is the possibility of more companies working in this country and of our people working abroad. For that reason this section should be looked at very closely.

I must again express my disappointment that the amendment dealing with paramedical people was not accepted, because I consider that there is a certain amount of discrimination here. I strongly urge the Minister, even at this stage and despite the decision taken here today, to look at this again between now and when the Bill is introduced in the Seanad. It must be remembered that this is an Unfair Dismissals Bill. I do not think a case can be made for an unfair dismissal to take place in this area which involves people who are so useful.

This Bill has the support of this Party. I am satisfied the amendments improved it. As I said, I would have preferred to see more amendments accepted, but no doubt the Seanad will do something about that. I wish the Bill a speedy passage through the Seanad. Were it not for the fact that we have to take another Bill this afternoon, I would make a more lengthy speech on this.

The Deputy mentioned a fear expressed by some managements in certain sections of industry that the Bill might be seen to be biased against management. That is not the case. On Committee Stage it was the feeling on both sides that this Bill was necessary. For the majority of managements it presents no problems. I hope its passing will give further encouragement to the development of agreed disciplinary and dismissal procedures within firms and to their establishment in firms where such agreed procedures do not exist.

In addition to the need for such procedures to exist at firm level throughout the country it is my belief that we should have a national code of agreed disciplinary procedures relating to dismissals. Once the Bill goes through the Seanad it is my intention to initiate discussions with representatives of trade unions and employers with a view to agreeing such a national code.

This national code should suggest alternatives to dismissal. It is possible that we might agree on a graduated scale of sanctions in this very important area. The code could also give guidance on appropriate appeals machinery within firms. The main purpose of this code would be the achievement of agreement on both sides in industry on the steps necessary in a grievance procedure. If the inspiration for this Bill is the conviction that we must limit the area of arbitrary behaviour in industrial relations, from whatever side it emanates, whether from unions or employers then the need for such a procedure is evident. If we accept that the adoption of such an approach does not endanger the efficiency of any business or concern, if those are our convictions, then they should be strengthened by the realisation that the incidence of disputes relating to dismissals has involved our economy in enormous social and economic costs up to now.

Of the disputes recorded in the Labour Court reports for the years 1972-1975, 187 were classified as disputes relating to engagement or dismissal, in which 26,299 people were involved and accounting for over a quarter of a million man days lost in industry. During last year alone over one-third of all man days lost, 116,000 man days, was due to those reasons. I do not suggest that all such disputes will be eliminated by the passage of this Bill but it should underline the importance of the problems sought to be dealt with by this kind of legislation. I will, as soon as this Bill is enacted, institute with both sides of industry the kind of discussions I have indicated here. I want to thank Deputy Fitzgerald and all the other Deputies who took part in the Committee and Report Stages of this Bill.

Question put and agreed to.
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