Dáil Éireann debate -
Wednesday, 10 Oct 2001

Vol. 541 No. 5

Written Answers. - Departmental Appointments.

Brian O'Shea

Question:

152 Mr. O'Shea asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself that procedures for the appointment of members of the Employment Appeals Tribunal and the Labour Court and rights commissioners are consistent with the European Convention on Human Rights. [23205/01]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt):

Article 6 of the European Convention on Human Rights states: "In the determination of his civil rights and obligations . . . everyone is entitled to a fair and public hearing . . . by an independent and impartial tribunal . . ."

The Employment Appeals Tribunal was set up to provide a speedy, fair, inexpensive and informal means for individuals to seek remedies for alleged infringements of their statutory rights. The ordinary members of the tribunal and of the Labour Court are appointed by the Minister for Enterprise, Trade and Employment on the nomination of the social partners.

The chairman and vice-chairmen of the Employment Appeals Tribunal, who as a general rule have legal qualifications, and the chairman and deputy chairmen of the Labour Court are all appointed by the Minister for Enterprise, Trade and Employment. These appointments are made after careful reflection and appropriate consultation.

Rights Commissioners are appointed by the Minister for Enterprise, Trade and Employment from a list submitted by the Labour Relations Commission.

Each of these bodies is independent in the performance of its functions and the Minister does not have any influence on their decision making processes. Except in the case of Labour Court recommendations in relation to industrial relations disputes, which are not binding on the parties, the decisions and determinations of each of the bodies can be appealed by the parties. Generally speaking, determinations of the Employment Appeals Tribunal and decisions of the rights commissioners and the Labour Court are accepted by the parties and very few of them are appealed.

In addition, in the event that any party is aggrieved by the procedures of any of these bodies, it is open to such party to apply for judicial review. I am satisfied therefore that the operation of all these bodies complies with the European Convention on Human Rights.