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Dáil Éireann debate -
Tuesday, 4 Jul 1995

Vol. 455 No. 4

Ceisteanna — Questions. Oral Answers. - Equal Pay Code of Practice.

Liz O'Donnell

Question:

16 Ms O'Donnell asked the Minister for Equality and Law Reform his response to the European Commission's plans to issue a code of practice on equal pay later this year; if he has similar plans to introduce such a code here; and if he will make a statement on the matter. [12286/95]

I welcome the Commission's plans to issue a code of practice on equal pay for equal work. I have no plans to introduce a national code of practice in this area at this stage. I am concentrating on the development of revised employment equality legislation which would strengthen existing provisions in respect of equal pay.

I await with interest the outcome of the Commission's work on this subject and I will give every consideration as to how the code might assist in progressing equal pay here. I expect at that time that the Employment Equality Agency will have had an opportunity to consider the Commission's code too. Given my intention to strengthen the provisions relating to equality codes of practice in the forthcoming employment equality legislation, it would be possible to consider the suitability of the Commission's code of practice as the basis for a separate national measure if that would be deemed useful as an additional guide in our equal pay situation.

I appreciate there are difficulties in achieving progress on equal pay and my consideration of the issue is being assisted by the recent ESRI report on male female wage differentials jointly commissioned by my Department and the Employment Equality Agency. It appears to me that, while legislation can advance the cause of equal pay, other measures will be necessary. The importance of the role of the social partners in this regard cannot be over emphasised and I welcome the commitment given by them in the Programme for Competitiveness and Work to implement equal pay for equal value and equality rights entitlments as provided in legislation and their agreement to consider EU developments and support voluntary initiatives at enterprise level on equal pay, equal treatment and equal opportunities.

When the Commission issues its code of practice on equal pay for equal work obviously the Minister will examine it. I understand its intention is to give practical guidance for the elimination of direct and indirect sex discrimination where grading, classification and job evaluation systems are used as the basis for pay structures. That would be very helpful.

There is no need to rehearse the figures but after many years of dealing with this issue, women's pay still lags far behind. I was a little disappointed with the Minister's response to Deputy Woods on the burden of proof. I urge him to be more positive about the code of practice. Again, we have to consider the question of monitoring equal pay for work of equal value, otherwise there is footdragging. This is a valid suggestion and will the Minister look at it positively and endeavour to include it?

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.

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