Vol. 433 No. 5
9 Ms McManus asked the Minister for Equality and Law Reform if, in regard to his recent comments to the annual women's seminar of the Civil and Public Service Union, he will give details of the progress, if any, which has been made in regard to consideration of the best means of adopting the EC Code of Practice on Sexual Harassment; the consultations, if any, he intends to have with interested parties; and if he will make a statement on the matter.
11 Miss Flaherty asked the Minister for Equality and Law Reform if he plans any initiatives in his Department to highlight the negative effect of sexual and other harassment in the workplace and the need for adequate codes of practice for all workplaces.
128 Miss Flaherty asked the Minister for Equality and Law Reform the initiatives, if any, that are planned in his Department to highlight the negative effect of sexual and other harassment in the workplace and the need for adequate codes of practice for all workplaces.
I propose to take Questions Nos. 9, 11 and 128 together. I have been examining the views of a number of organisations including IBEC, ICTU and the Employment Equality Agency which were consulted earlier in connection with the implementation of the provisions of the EC Recommendation and Code of Practice on the Protection of the Dignity of Women and Men at Work.
I am satisfied, arising from those views, that there is a broad measure of support for the development of an Irish code of practice on this subject. Such a code would of course draw on the EC Recommendation and Code of Practice on the Protection of the Dignity of Women and Men at Work.
Given the re-organisation of ministerial responsibilities since the various views were provided and in view of my concern to see a more active role for the Employment Equality Agency in the preparation of codes of practice on equality issues, I have written to the agency asking it to undertake the preparation of a draft Irish code in full consultation with the social partners so as to ensure as broad a consensus as possible for the effective operation of any code.
When the draft code has been submitted I intend to consider how best to give it effect. The review of the employment equality legislation should be well advanced by then and this should facilitate my consideration of the most appropriate way forward.
In addition to the preparation of a code of practice on sexual harassment, the Employment Equality Agency is continuing its work to highlight this problem and provides ongoing advice to employers and workers in this area. Over and above the agency's involvement I acknowledge the efforts of IBEC and ICTU in combating sexual harassment.
The possible need for codes of practice in respect of any other forms of harassment which might occur at the workplace should be explored initially within the general industrial relations procedures.
In what way would the Minister envisage an Irish code of practice being different from the EC code of practice? What status does the code of practice have? Does the Minister envisage that it would require legislation to ensure that it could be used where someone was being harassed at work or is the code in itself sufficient to protect victims of harassment?
The code of practice could be used as a guideline by tribunals in determining cases or it could be given statutory force under the Industrial Relations Act, 1990, or under the new employment equality legislation. The format of the codes of practice might warrant some difference from the European code and have some special needs for Ireland having regard to our industrial situation. I consulted the Employment Equality Agency and they felt that it was appropriate for them to be involved in the preparation of an Irish code. They have agreed to undertake the task with vigour and to let me have their code by October. When I get it I will consult with them as to the advisability of giving it statutory backing or perhaps I will leave it there as a guidance for use by the tribunal in connection with cases that might come before it.
Does the Minister have a view on sexual harassment in the Irish workplace in view of the fact that the nursing organisation recently indicated figures to the effect that one in three nurses have had to suffer sexual harassment to some extent during the course of their career? If this is the case does it not warrant urgent action by the Government and the agencies involved? Could the Minister indicate when he might be in a position to have the code of practice introduced?
I read the report referred to by Deputy Kenny and it appears that the practice of sexual harassment is quite widespread. I addressed quite a number of conferences called by the Irish Nurses Organisation and other groups concerned with the issue. This practice, incidentally, affects men as well as women, but mainly women. The code of practice will help but we must realise that sexual harassment is discrimination and the Employment Equality Agency already run an advisory service on it and will give advice and help where necessary in the event of a person being aggrieved on an issue of sexual harassment. The Agency provides a valuable and expert service and the new extended procedures arising from the code of practice would be in addition to that. People should be aware that a remedy already exists in legislation and is availed of by quite a number of people. I would encourage people who have been affected to go to the Employment Equality Agency. One of the worst things that could happen is that it should be accepted, thereby leading to encouragement. Many people, particularly women, suffer very badly from it and many are reluctant to come forward. Employers must be encouraged to implement practices to deal effectively with these issues when they are brought to their notice. The question of employers' responsibility for the actions of their employees arises and it is something that must be carefully considered.
