The question of achieving equal pay is difficult and reports show it is unlikely to be achieved by legislation alone although, of course, legislation plays a key role. The Wren report — to which I referred — commissioned jointly by my Department and the Employment Equality Agency showed a differential of 20 per cent when all employment is taken into account — 10 per cent of which referred to factors related to gaps in the legislation and the other 10 per cent to factors related to experience, age grouping and age profile of workers at particular levels.
I agree that whatever can be done by legislation should be done and employment equality legislation will seek to fill the gaps in the existing legislation. The legislation will be revised. The question of a code of practice in this area would require very careful consideration. It would be a different position from the code of practice we discussed earlier on sexual harassment. The code of practice on sexual harassment would tie in with the broad parameters of indirect discrimination that have evolved in law. The question of equal pay is different. The body of legislation has been developed in great detail by the tribunals and by the courts and the jurisprudence has evolved. It will be amended and revamped in the new Bill but whether it would be appropriate or helpful to put an overlay on it giving it legal status of a code of practice which might and probably would incorporate different basis of the application of the law relating to equal pay is another matter, one that would require great caution. It is my intention that codes of practice apart from the code of practice on sexual harassment will be given some form of recognition in the Bill, if that would be helpful and appropriate having regard to the material in it. It would be impossible to give a firm decision as to whether that would be appropriate or helpful until one sees the nature of the code and whether it would slot into the jurisprudence on equal pay that has evolved over the years.
When the EU code of practice issues, I will consider it very carefully and if it is helpful I will consider giving a similar form of recognition applicable to the code of practice on sexual harassment.