Vol. 331 No. 1
asked the Minister for Labour when he intends to introduce legislation or amending legislation in respect of the following: (i) industrial relations, (ii) protection of workers in off-shore installations, (iii) Anti-Discrimination (Pay) Act, 1974, (iv) Protection of Young Persons (Employment) Act, 1977, (v) Unfair Dismissals Act, 1977, (vi) Employment Equality Act, 1977 and (vii) protection of workers in cases of insolvency of employers.
27.
asked the Minister for Labour if he has any proposals for amending the legislation on equality; the nature of the proposed amendments; and when they will be introduced.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 25 and 27 together.
As I indicated in the Dáil on 22 July last, I intend to extend to all sectors of the economy the legal immunities under the Trade Disputes Act, 1906, which currently apply to trade unions catering for private sector membership. Amending legislation to bring about this change should be introduced in the current Dáil session. I will then consult with trade union, employer and other interests on possible wider initiatives which might be undertaken to bring about an improvement in our industrial relations practices so as to reduce the incidence of work stoppages.
A Bill dealing with safety standards on offshore installations is being prepared.
I consider it appropriate that legislation to amend the Anti-Discrimination (Pay) Act, 1974, should also encompass the Employment Equality Act, 1977, as these Acts are construed as one Act. I said here on 22 July last that a review of the operation of these two Acts was necessary. That review has commenced. Following it, any necessary amending legislation will be introduced without delay.
The operation in practice of the Protection of Young Persons (Employment) Act, 1977 is also being assessed so that any problems or shortcomings can now be identified and rectified by way of amending legislation. In the meantime, I intend to introduce, in this Dáil session, an order prohibiting the employment of children under 15 years of age during the school term.
In regard to the Unfair Dismissals Act, 1977, my Department are at present carrying out a review of the operation of the Act to determine if, after four years of operation, it should now be amended in any respect so as more fully to achieve the objectives initially set for this piece of protective legislation.
Legislation will be required to give effect to the provisions of the EEC directive relating to the protection of employees in the event of the insolvency of their employers within the framework of the redundancy code. This directive provides for the setting up of a fund which would pay arrears of wages and related entitlements to workers in the event of their employers' insolvency. The directive must be implemented by October, 1983.
Dealing with points (i) and (vii) I ask the Minister to give the House more information in connection with the amendment to the Industrial Relations Act, 1906 because under clause 6 of the national understanding, as there is an agreement, you must extend the protection of law to all people, those in the public service and all others. Since then the Minister has received the report of the Commission on Industrial Relations which contains many excellent recommendations including the restructuring of the Labour Court. I am surprised that the Minister has said in answer to my question that first he is going to introduce a Bill in the House that will extend the protection of the law to the public service.
A question.
At the same time why not have another Bill to include the whole lot?
As part of the 1980 national understanding the commitment was given that the Act be extended to cover the public service. For that reason alone it would be necessary to carry out the amendment to the Act. I am sure the Deputy recalls that the ICTU withdrew from the Commission on Industrial Relations simply because this Act was not extended. Therefore, I think it would be preferable, in order to get their co-operation and their consideration of the Commission on Industrial Relations' findings, that we would bring in this amendment and therefore clear the way for those discussions. I hope the Deputy will agree with the way I intend to move in this direction.
I am aware that the ICTU withdrew from the commission, but the Minister is aware that each individual union was requested then to make an individual submission. I want to put on the record of the House that the unions made their individual submissions which were excellent, but we could not use that excuse for not bringing in a new Industrial Relations Bill in view of the fact that 60 per cent of strikes that take place in this country are unofficial. For the three months ending 31 October we had the highest number of man-days lost due to industrial disputes. The second question I would like to put to the Minister is on point (vii), protection of workers in cases of insolvency of employers. I am thinking, as the Minister must have been when he spoke in the House on 22 July, the date of the budget, of a situation that arises as in the case of the Ross Company where workers cannot get severance pay. Under existing legislation on redundancy if an employer is insolvent the Department of Labour have a fund to pay redundancy payments. However, the question that has arisen now is, if an employer is insolvent and it is now the position that severance money is paid, is the Minister going to do something about that?
On the first part of the question I think the Deputy will agree with me that without the co-operation of the ICTU on the discussion of the commission's document real progress cannot be made. Secondly, I believe I am proceeding in the proper way to take away the obstacle which prevents these discussions taking place. I will do that as soon as possible, probably in this session as early as I can so that real discussions with the ICTU can take place. I am aware of the excellent submissions made by the various trade unions. They were excellent submissions but the ICTU are the people who will negotiate and usually they negotiate on behalf of all the unions in the congress. In order to bring about legislation which would have the broadest measure of agreement it would be necessary to see that the congress were party to any discussions on further legislation.
On the other part of the question, implementation of the EEC Directive must take place by 22 October 1983, and I intend to have that directive implemented.
Regarding Question No. 27 would the Minister agree that the exclusion of the proceedings of the Civil Service Commission and Local Appointments Commission from scrutiny under the Acts is unacceptable? If and when he brings in the amending legislation what does he propose to do about this?
As I said in reply to supplementary questions, the Deputy will get an opportunity, obviously, to see the legislation before it is enacted and to see that the problems it may appear to have in this area will be debated properly when it comes before the House.
How many recommendations has the Minister got from the Employment Equality Agency so far for the amending of this legislation?
The Deputy is referring to——
I am referring to the changes that have been recommended by the Employment Equality Agency. They have sent in various points that they would like the Minister to take into consideration when he is amending this legislation. How many recommendations have they sent in to him at this stage?
I have not that information with me but I can get it for the Deputy.
