This measure before the Seanad this afternoon is the succeeding measure to the Equal Pay Act, 1974, and one of the main objectives of this Bill is the establishment of an Employment Equality Agency. The objective of the Bill is to provide for equal opportunity in employment and it proposes the elimination of discrimination on grounds of sex. It tackles the basic inequality between men and women in our society. It seeks to confront the demarcation which exists in our industry between the jobs available to men and those available to women. At present women take the lowliest jobs, the most menial tasks. I have always believed it is the status of women's jobs, the kind of work they perform in industry, more than anything else determines their place in the economy and in society.
It would be my hope that this legislation will provide women with equal opportunity with men to realise their full potential in employment in relation to access to all jobs, training, promotions and working conditions. In the past it was not accepted that women had the same right of choice to pursue or continue in the career of their choice, whether married or single. While many women still choose to pursue a family role, and they are quite free to pursue that role, there has been an upward trend in participation by women in the labour market. This is also occurring elsewhere.
There has been a notable increase in two groups in particular. Those in the child-bearing years are increasingly remaining in the labour market, and those in middle years with grown children are returning to the job market in greater numbers. Yet the participation rate of women is low compared to other EEC countries. with only 13.5 per cent of married women working, compared with 67 per cent in Britain, and 60 per cent in West Germany. While this could be cited as proof of discrimination against women, we must not overlook the fact that we have not the same traditional pattern as either Britain or West Germany. For historical and social reasons the entry of women into industry here is a more recent phenomenon than in either of the two countries I mentioned.
Prejudice undoubtedly exists against women in industry. They constitute 26 per cent of the working population but this figure is not comparatively reflected in the number of women who hold decision-making positions in any sphere of activity, whether in politics, the public service, trade unions, or any other area of administration. Even in occupations which are predominantly female we find that the top administrative posts are held by men. In the professions, women represent only 1 per cent of engineers, 2 per cent of accountants, 3 per cent of architects, and 7 per cent of the legal profession.
We are all familiar with the explanations usually advanced for the absence of women from managerial positions. There is plain prejudice, mainly male prejudice, and there is the narrow concept of women's role, the effects of single sex schooling and, of course, the range of subjects which girls have traditionally studied at school. There is also the stereotyped image women have of their role in society and the way education and other institutions cater for that traditional stereotyped role. A policy of greater involvement of women in managerial positions must be developed. Part of the remedy for this situation lies in the improvement of education and training provided for women before they enter employment. The legislation before the House is intended to remedy the imbalance which now exists.
The Bill will provide women with equal opportunity with men to realise their full potential in employment when it comes to selection for a job, training within the job, or promotion, or working conditions. The Bill will make it unlawful to discriminate against women in employment and will provide for enforcement procedures under which women who feel they have been discriminated against can avail of legal remedies. It will be no longer possible to segregate jobs, managerial or otherwise, into men's jobs and women's jobs. The Bill will permit "positive" discrimination in favour of women in regard to the provision of special training. Positive discrimination of this nature which is necessary if equal opportunity in employment is to become a reality will be permitted under section 15 of the Bill.
The Bill defines discrimination as arising in four ways: first, direct discrimination where a woman is treated less favourably than a man; secondly, where a married person is treated less favourably than an unmarried person; thirdly, indirect discrimination where a condition or requirement is applied equally to men and women but the requirement is such that a considerably smaller proportion of women than of men could comply with it and the requirement is not essential to the job; and lastly, where a person is victimised because of pursuing the legal right to equal treatment which this Bill confers.
Where a person is dismissed for pursuing a claim either to equal treatment under this Bill, or equal pay under the Act of 1974, she would be entitled to reinstatement in her old job, or re-engagement in her former job, or in a suitable alternative position, or an award of monetary compensation up to a maximum of two years pay.
Having defined discrimination, the Bill then sets out the employment situations in which it is unlawful to discriminate, namely, recruitment, training, promotion and working conditions. While the Bill is aimed primarily at discrimination by employers, it will also make unlawful discrimination in activities which are related to employment, such as discrimination by organisations concerned with the provision of training courses as well as placement and guidance services provided by employment agencies. Admission to membership and the benefits provided by trade unions and employer organisations is also covered under the Bill, for the reason that such membership can affect eligibility and prospects for employment. Discriminatory advertisements, of course will also be unlawful.
While the Bill is intended, therefore, to deal with discrimination against women in employment, it will apply equally where discrimination is practised against men, whom we must not forget either. It is my intention in this Bill that the coverage should be as comprehensive as possible and, consequently, exclusions from the scope of the Bill should be kept at a minimum. I have, however, accepted the case for the exclusion of employments listed in section 12: the Defence Forces, the Garda Síochána, the Prison Service, and employment in a private household.
The Labour Court will have a central role in the enforcement of the provisions of the Bill. Equality officers of the court have been given various powers, including the power to require persons to furnish information. It has been represented to me that employers should not be required to disclose, for the purposes of the investigation authorised under this Bill, any references or reports relating to the character or suitability of any person seeking employment. I have accepted that this should be so and provision is made accordingly.
The most important aspect of this Bill will be the establishment of the Employment Equality Agency. The Employment Equality Agency will have both an investigative and overseeing role. It will have the function in the public interest of identifying and seeking out areas of discrimination where they exist. It will also have an enforcing function to ensure that the terms of the legislation apply in practice.
To achieve this, the agency will carry out formal investigations and will have power in connection with these investigations to require the production of information. The agency will then either recommend changes in practices or issue non-discrimination notices requiring those who are infringing the provisions of either of the Acts to cease such unlawful practices. The agency, of course, will have the sole right to institute proceedings in cases of discriminatory advertisements. Where advertisements in their format or language break the provisions of the legislation the agency can institute proceedings. I hope the agency will have an important role as educator in generally promoting equality of opportunity. It will be a source of information about legislation and about the remedies available to those who suffer, or feel they suffer, discrimination and it will conduct research into the areas in which the law applies as well. Guidelines and codes of good practice in the light of investigations carried out by the agency will be published.
The need for such an educative central organising agency is generally accepted. The agency will consist of a chairman and ten ordinary members to be appointed by me. Of the ordinary members, two will be workers' members, two employers' members and, of the remaining six members, three will be representative of women's organisations. The staff of the agency will be civil servants. A similar agency, the Equal Opportunities Commission, was established in the United States in 1972. In Britain the Equal Opportunities Commission of 1975 carries out similar functions.
I would hope the agency will monitor progress towards the elimination of discrimination in employment under the Equal Pay Act and, based on this legislation, make recommendations to the Government of the day for any amendments that may be considered necessary. The agency will, of course, be independent of the Government in its work.
In commending this Bill to the House, I am fully aware that the law can never entirely prevent discrimination. Equal opportunity in employment will not be easily achieved. I am confident that by laying down statutory rules for the way people should behave and providing backing for women to take positive and collective action to get their rights we move closer to the goal of eliminating discrimination. The implementation of this Bill and the Act of 1974 will require reforms fundamentally affecting society which cannot be expected to happen merely as a result of the law being enacted. The full realisation of equality between men and women will necessitate changes in deep-rooted assumptions and attitudes about women's and men's roles and in social and economic arrangements. But the law is a beginning.
The demand of women for equal opportunity in all areas of employment is a just demand. For society as a whole the implementation of the Bill must represent a significant advance by simply getting rid of a system of discrimination which is wasteful of talent and ability.
I commend the Bill to the House.