Dáil Éireann debate -
Tuesday, 7 Mar 1995

Vol. 450 No. 2

Written Answers. - Code of Practice on Sexual Harassment.

Liz O'Donnell

Question:

39 Ms O'Donnell asked the Minister for Equality and Law Reform his views on whether it should be mandatory for employers to adopt the code of practice in relation to sexual harassment in relation to violence against women. [4879/95]

Minister for Equality and Law Reform (Mr. Taylor)

The code of practice on measures to protect the dignity of women and men at work also known as the code of practice on sexual harassment in employment was published and issued by me last September.

A code of practice, while it is an authoritative document it is not legislation and rather than impose requirements or confer rights it sets out guidelines which may be departed from in appropriate circumstances. While not directly enforceable by legal proceedings it may nevertheless have significant evidential effects.

In asking the Employment Equality Agency to prepare a draft code of practice on sexual harassment I was aware of the inadequacy of existing legal provision in conferring effective legal impact of any such code. Nevertheless I considered that the problem of sexual harassment is such a serious issue that a code of practice drawn up by the Agency in close consultation with employer and worker interests would hold our prospects of giving practical authoritative guidance.

Within the revised employment equality legislation which is being drafted at present I would hope to give appropriate legal standing to the code of practice. In the meantime the code of practice is available to employers and workers and will be promoted by the Employment Equality Agency who will also monitor and review its effectiveness.

By its nature a code of practice is not mandatory but its guidelines may be taken as an authoritative source without precluding employers and workers exercising discretion to adopt other appropriate and equivalent practices if the circumstances of their employments so warrant. Mandatory requirements on employers will be set out in legislation rather than in a code of practice and will apply to both men and women in line with the equal treatment principles which arise in tackling sexual harassment in employment. As regards the question of violence against women in employment that is a distinct matter and would be subject to normal criminal law proceedings.

The Deputy may have in mind, however, the question of guidelines along the lines of those published recently by the Health and Safety Authority in respect of health sector employment where risks of exposure to violence has been identified as a particular hazard warranting the application of appropriate safeguards. I have no hesitation in welcoming such guidelines and I recognise the appropriateness of having such violence against employees, whether women or men, tackled under the relevant Health and Safety Statutes which are the responsibility of my colleague the Minister for Enterprise and Employment.