Vol. 439 No. 2
12 Proinsias De Rossa asked the Minister for Equality and Law Reform if he has received any response to the appeal he made to the social partners at a seminar in Dublin Castle on 15 October 1993 to adopt a draft code drawn up by the Employment Equality Agency to deal with the problem of sexual harassment; and if he will make a statement on the matter.
19 Mr. O'Malley asked the Minister for Equality and Law Reform the progress that has been made in drafting an Irish code of practice on the protection of dignity of women and men at work; and if he will make a statement on the matter.
I propose to take Questions Nos. 12 and 19 together.
I have asked the Employment Equality Agency to draft a code of practice to deal with the problem of sexual harassment in the workplace in full consultation with the social partners and other relevant bodies. The document is currently close to final stage and consultations are near to conclusion. I understand from the Employment Equality Agency that the social partners have been most constructive in these consultations to date. When finalised the draft code will be submitted to me. Once I am sure that the code is satisfactory I will arrange for its publication.
In line with the commitment in the recently agreed Programme for Competitiveness and Work it is intended to issue the code this year. It will be promoted, monitored and reviewed by the Employment Equality Agency. I also propose that it will be given statutory recognition under forthcoming revised employment equality legislation.
I welcome the fact that a code of practice will be published soon. I wonder whether we shall be afforded an opportunity to debate it in this House. How does the Minister intend this code of practice will be monitored? Does he not agree there is great danger when the code of practice is established that the reality on the ground will not change because it will not be statutorily binding? Since the numbers of complaints of sexual harassment are increasing will the Minister not agree that, at the end of the day, statutory obligation is the only thing that will have effect? How soon may we expect legislation that will have an impact on this problem in the workplace?
The drafting of the code of practice is nearing completion. The latest information I have from the Employment Equality Agency is that they have secured acceptable co-operation and agreement in its preparation from both IBEC and the ICTU. The code will be promoted, monitored and reviewed by the Employment Equality Agency who have already gained very considerable experience and expertise in advising workers and employers on this subject. The status of the code will be recognised under the pending employment equality Bill which is at an advanced stage of preparation.
It will be possible to refer to the code when appropriate cases come up for consideration by tribunals, the Labour Court, the Circuit Court or whatever. The parameters set down in the code will be given judicial effect by the legislation. The Employment Equality Agency takes it upon itself, as it has done on the question of sexual harassment, to promote information about it. It conducts seminars from time to time and has information documentation. Many people consult it on a regular basis in cases of sexual harassment. I am hopeful that when the new code is published and has been given statutory recognition in the employment equality legislation it will make a major contribution towards reducing instances of sexual harassment in the workplace.
I welcome the Minister's remarks in relation to the code of practice. We all recognise how unacceptable this behaviour is and I am glad the code will be given statutory recognition. I am concerned about a programme of awareness in relation to the code of practice. Notwithstanding the fact that the EEA hold seminars on awareness is the Minister prepared to give funding to this area?
Responsibility for promoting and monitoring the code and keeping its operations under review will rest with the Employment and Equality Agency. It has a great deal of experience and knowledge in this area. I will ensure that the EEA is adequately funded to enable it to take the necessary steps to ensure the widest possible dissemination of knowledge about the code and what is required of employers and employees in the workplace to bring the all too widespread instances of sexual harassment in the workplace under control.
The EEA held a seminar on the subject recently in Dublin Castle and brought speakers and experts on the subject from Britain. There was a wide ranging participation with over a couple of hundred people in attendance. I addressed the seminar which was professionally organised. We can safely leave promotion of the code and the question of control of sexual harassment in the very capable hands of the Employment Equality Agency which does an excellent job. The additional armoury of the new code, with the benefit of statutory backing, will be a major advance on this subject.
How many cases were reported over the last three years and what was their gender analysis? Does the Minister share my concern that these reported cases are just the tip of the iceberg and that many victims choose to endure sexual harassment rather than report it?
I do not have the number of cases on file but I will communicate the information to the Deputy.
