asked the Minister for Labour the arrangements his Department have made for the dissemination of the form prescribed in regulations made under section 28 of the Employment Equality Act, 1977.
16.
Ceisteanna—Questions. Oral Answers. - Employment Equality Act Regulations.
10.
asked the Minister for Labour (a) the regulations which have been made under section 28 of the Employment Equality Act, 1977 to assist persons in obtaining information required to enable them to decide whether they should pursue a complaint of unlawful discrimination (b) whether the use of the prescribed form is obligatory (c) the time limits which are specified for its return by the respondent (d) whether the Labour Court and the Employment Equality Agency have recommended changes in the questionnaire procedure; and the action he proposes to take in the matter.
I propose to take Questions Nos. 10 and 16 together.
The Employment Equality Act, 1977 (Section 28) Regulations, 1977, prescribe forms to be used by a person who proposes to refer a dispute under section 19 of the Employment Equality Act to the Labour Court and who wishes to ascertain from an employer the reason for an act believed to be discriminatory. The regulations prescribe a time limit of 21 days for the completion and return of the form and an employer is required to comply with this requirement. The use of the form is not essential in referring a claim under the Act.
The form is available on request from the Labour Court, the Employment Equality Agency and from my Department.
As the Deputy is aware, I have recently circulated proposals for the amendment of a number of Acts, including the employment equality legislation, and my Department are at present considering submissions from a wide range of interests, including the equality officer service of the Labour Court and the Employment Equality Agency. Any action necessary in relation to section 28 of the Act and the relevant regulations will be considered in the context of the amendment of the legislation.
Is the Minister satisfied that the regulations made under section 28 answer the reason for the forms being introduced in the first place? Is the form a resource for people who wish to decide whether they should pursue a complaint of unlawful discrimination? Will the Minister agree that dissatisfaction has been registered in regard to amending the Employment Equality Act by submissions received by him?
I am not familiar with the precise details of the submissions received by the Minister and I do not have them here. However, I assure the Deputy that any positive suggestions that she or anybody else wish to make in regard to suggested changes in the guidance notes accompanying the forms or the questionnaire which would enable people to check the employers' reasons for discrimination will be welcomed and taken into account by the Minister in the present review.
When will the amending legislation be introduced to the Houses? Will it be by the end of the year? Will the Minister also consider a further dissemination of the prescribed form when it is amended so that claimants will be much more aware of it and can use it to their advantage?
As I said, the Minister circulated proposals for amending a number of Acts, including employment equality legislation. He has sought submissions from various people, including the Labour Court and the Employment Equality Agency. I do not know when discussions will be completed but, as the Deputy is aware, the use of the form is not essential in filing a claim under the Act. I wish to repeat that suggested changes are welcome and will be taken into consideration by the Minister when decisions are made about the proposed changes.