Vol. 405 No. 7
16 Mr. Byrne asked the Minister for Labour if his attention has been drawn to the affirmative action programme drawn up by the Employment Equality Agency to deal with the problem of sexual harassment of employees in the workplace; if he will outline his attitude to this programme; if he intends to take any steps to promote the programme; and if he will make a statement on the matter.
I am very familiar with the policy and the initiatives of the Employment Equality Agency in regard to sexual harassment. A comprehensive description of the agency's viewpoint is contained in the October 1990 issue of the agency publication Equality News. I fully share the agency viewpoint that the responsibility lies with employers; I agree, too, with the type of affirmative action which they advise together with the guidelines which they provide to employers on the matter. The publication of comprehensive guidelines to employers by the FIE represents a further step in the right direction. I would also like to acknowledge the work of the Irish Congress of Trade Unions in this area. As far back as 1985 the ICTU published guidelines on sexual harassment.
I would also like to point out that as President of the Social Affairs Council of the European Community in the first half of 1990, I drew up and got the Council to adopt a resolution on sexual harassment. The Resolution calls on member states to develop information campaigns and provide awareness of the issues involved. Also the Resolution commits the European Commission to highlighting the protection afforded to workers from sexual harassment by the equality directives of the community. The Commission is also committed to bringing forward a code of best practice in the matter. I understand this is being prepared by the Commission at the moment.
I thank the Minister for his comprehensive reply and for his support of the affirmative programme as set out by the Employment Equality Agency. Does the Minister agree that in the work environment there is still a culture of tolerance of the phenomenon of sexual harassment and does he think there is a necessity for Government to underpin that affirmative action programme, if not by legislation then by some measures short of legislation? Has the Minister given any thought to that aspect? Will the Minister tell the House again precisely what facility exists in the case of a woman who successfully takes an action through the Labour Court when the employer appeals that decision through the courts? What financial assistance is available to such a worker to defend that action in the civil courts?
I will deal with the second part of the question first. We have taken the view that where somebody takes an action and financial difficulties prevent that person from pursuing the case the agency and the Department will directly assist. A number of such cases have occurred. This has had a remarkable effect on a number of outstanding cases. I had long been convinced through contact with ICTU and the Employment Equality Agency that it was worth developing an action programme. We had difficulty initially in convincing some member states of the merits of having a programme to deal with sexual harassment. In the resolution which has been passed member states must actively through Government instruct employers how to deal with the issue of sexual harassment and outline the kind of education which should be given. There is still a vague attitude to this matter. People believe it is something which does not happen and that we do not need to pay any attention to it. Attitudes are changing and that is why so many cases have arisen in the past few years. At European level and also at local level with ICTU and the FIE we are running a campaign involving counselling information and guidance. Legislation may not achieve great success in this area. We must try to convince people of the benefits which can accrue from preventing sexual harassment in the workplace. The terms are fairly broad and it covers many difficult and sinister problems in the workplace which we must eliminate.
That concludes Question Time.
