I move:
That Seanad Éireann approves the following Order in draft:
Employment Equality (Employment of Women) Order, 1986
a copy of which Order in draft was laid before Seanad Éireann on 28th February, 1986.
Employment Equality (Employment of Women) Order, 1986: Motion.
The law has a special role to play both as a reflection and an instrument of change. It acts as a reflection because the law always lags behind the social change which precedes it and which it embodies. But it is also an instrument where it serves to promote social objectives and to combat the forces of inertia embedded in traditional work culture and patterns of behaviour.
If it is to be strong, the principle of equality must be constantly upheld and brought up to date. This entails constant vigilance as regards the relevance and reasonableness of the range of exceptions permitted to that broad principle. The Employment Equality Act, 1977, makes specific provisions for the review of protective laws when the concern for protection which originally inspired them is no longer well founded.
Section 14 of the Employment Equality Act recognises that certain requirements in four Acts administered by my Department may, in effect, be forcing employers, by law, to discriminate against women in employment. It, accordingly, empowers the Minister for Labour to repeal or amend any such requirement by affirmative order. In addition to the proposals which I intend to bring before the Oireachtas shortly to amend the original equal pay and employment equality statutes, I have sought to make use of these powers to affect further changes by order wherever desirable.
Senators will recall that last year I availed of this facility to remove prohibitions on the employment of categories of women workers below ground in a mine and on the employment of women at night in a mine. I have also made regulations under the European Communities Act, 1972, removing the blanket exclusion of most occupational activities in the Garda Síochána and the prison service, and employment in a private household or by a close relative from the protection of the equality legislation.
The Conditions of Employment Act, 1936, sets maximum working hours for women industrial workers and restricts their employment on shifts and night work. These restrictions apply only to women engaged in manual labour in factories; they exclude women cleaners and women in responsible supervisory or management positions who do not do manual work.
There are approximately 62,600 women workers engaged in the production industries covered by the legal limits on working hours, and just over 18 per cent of all women workers are affected. Employers, unions and employees are often unaware of these restrictions, their specific limits and to which men and women they apply; this is primarily because the laws are extremely complicated.
My objective in making this order is to bring to an end the existing legal prohibition on the employment of women in industrial night work and on Sundays. At the present time, women are denied access to employment opportunities where shift work and Sunday work are involved. Because of this ban women are denied additional opportunities for training and promotion, and lose out on the higher premium attaching to such work.
I think the House will agree that this is an unsatisfactory position. The provisions in the 1936 Act which are proposed for amendment reflect the dominance of the socially conservative ideas about the position of women in the labour force which were later enshrined in the 1937 Constitution. The Employment Equality Agency was asked to review the prohibition on the employment of women in industrial work at night and on Sundays and found that such a prohibition discriminated against women in relation to opportunities for employment, promotion and earning capacity.
It is to give women extra employment opportunities that I am submitting this order to the House for approval.
I feel however that for a period after the legalisation of night work for women we should monitor the situation with two main objectives in mind. First, to find out to what extent the change is in fact leading to an increase in the number of women being employed and, second, to uncover at an early stage any problems arising. With this in mind, I have contacted the Employment Equality Agency with a view to having such a monitoring operation carried out. I have pleasure in submitting this order to the House for approval.
Firstly, I wish to welcome the Minister of State, Deputy Kenny, to the House and wish him every success in his new office.
There is no problem about welcoming this order on this side of the House. Any measure that eases the employment role for women must be welcomed. The issue of shift licences up to this point has been a slow, cumbersome process. This measure should help to reduce the bureaucratic procedures which have applied in relation to shift licences up to the passage of this order. Progress on equality issues has been disappointingly slow. This step, however modest, in streamlining the procedures in relation to women at work must be welcomed. I am glad to see that the Minister has referred to the intention of updating the equality legislation in bringing the amended versions before the House as soon as possible. Simultaneously, I would like to register my disappointment that the amending legislation has not been before us up to now. In fact, I would ask the Minister to give us his best estimate of when we can expect the publication of the amended legislation. I am happy to support the order and wish it a speedy passage through the House.
I would like to join with my colleague, Senator Hillery, in welcoming the Minister of State to the Seanad. We are very proud of the fact that he is a Mayoman and that he has been given a twin responsibility both in the Department of Labour and the Department of Education. We have no doubt whatever that he will bring his experience, together with his youth and vigour, to all areas for which he is charged with responsibility. Like Senator Hillery, I too, would like to welcome this as a modest step towards redressing the imbalances and the prejudices of days gone by and indeed of constitutional legislation in the past, which, although well intended, managed to discriminate against the rights and the provision of opportunities for females in the workplace. I would like to anticipate at an early stage the provision of amending legislation with regard to the equality of women in the workplace. I want to place on record my welcome for this provision.
I also wish to welcome the Minister of State and wish him luck during the remainder of his office. It would be nice to think of him having another term after this one has ended, but that is in the lap of the gods. It is not impossible.
One of the most important battles fought by women is equal pay for work of equal value. The inequality that has always existed between men and women is based on several factors. If we go back to the sixties we could say that about one in 20 people received little pay, probably in the region of £15 per week. That was when the going rate was much higher and women did work of equal value to men. I recognise that this is merely a short step in a long journey. That journey will, of course, have to take into consideration the question of night work, shifts in general, training and promotion, part-time work, maternity leave, day nurseries, the care of children after school hours and the care of children during school holidays. It is a very wide area and it does not end with the question of equal pay for work of equal value, while it might not be possible to make it run in tandem, one interrelates to the other and one is dependent on the other. Therefore, it is very important to acknowledge that, while this is a small beginning, it is a very welcome one and we must continue the fight from there.
In recent times in national wage agreements the differential which existed between men and women who were doing work of equal value has gradually been eroded, but there is still a long way to go. It does not matter how many Acts or orders we bring in, we are merely setting the means to pursue the end. If we look up the records we will see quite a lot of cases that had to go through the Employment Equality Agency or to the Labour Court. It is difficult on occasions to prove that work of equal value is being done. Like the argument of the reduction in working hours, it is very emotive. At that time, instead of following the principle of looking for a shorter working week for more recreation and in order to help create employment, many people actually had the mentality to look for a shorter working week so that they could work overtime on Saturdays and Sundays. This is the danger when people get emotive about the question of equal pay. Sometimes the claim can be made that people are looking for equal pay on the basis that they are working in the same firm and not on the basis of the principle that it is equal pay for work of equal value. Consequently, we get into industrial relations. A little more education in that area is needed. This can come through the women's councils and women's sections of the various organisations.
The theme of Women's Year — equality, development and peace — is a nice concept. In fact, it was set up by the United Nations some years ago. I do not think there is anybody who is not in favour of equality. But, there are other issues to which we must have commitment — for example, the question of full employment. In the pursuit of full employment we cannot discriminate against women because they are married or for any other reason. There has to be equal opportunity as well as equal pay for work of equal value. As Senator Hillery has said, there has not been much significant progress in the whole area. Notwithstanding the EC directives, we are relatively new to the idea. It can take up to one-and-a-half years to sort out one particular problem in an industry, as I experienced some time ago. The whole issue is more than just equal pay for work of equal value. There is also the question of equality in the social security system. You cannot have one without the other. I know that it is necessary to bring them in separately.
In the final analysis what we are talking about is a charter of rights for women, not only the right to equal pay for work of equal value but the right to work regardless of marital status, the right to return to work after a period of absence and equality in conditions of employment. One can often get the rate of pay but sometimes the conditions do not improve. That is a problem area. There must be equal access to job opportunities, promotion and whatever other work is available. Above all there must be full statutory protection and pro rata benefits for part time workers in the whole question of equal pay for work of equal value.
The discrimination in age limits in the public and private sectors is another area that has to be considered very seriously. Equal access to all levels of education and the elimination of all forms of sexism are part and parcel of a positive programme with regard to equality. The working environment will also be a necessary consideration. The question of the re-organisation of working time might eventually arise through some sort of more flexible working arrangement. In order to give people their rights we have to make some sacrifice in that area. There is also the question of sexual harassment and the protection of women's health. You could go through a whole field of it It is sufficient to say that we welcome this order being made here today. It is a long road. Some progress has been made, however unsatisfactory, but we hope that the making of this order will see an end to many of the difficulties facing us at the moment and particularly an end to any long delay that might be caused by the arguments being made to get equal pay for work of equal value. I look forward to the spill over into the social security area.
I wish to thank Senators for their words of welcome on my visit to the Seanad. This is a small but significant measure and is an indication of the Department's willingness to implement, where possible, the appropriate recommendations coming from the Employment Equality Agency. The effect of the measure will open up access to three and four shift systems of work for women. It will enhance their earning capacity and will provide greater work opportunities for further training and promotion outlets for them.
To comment on what Senator Hillery said, a draft memorandum for Government on the amendment of the legislation is at present being finalised. It is not open for me to comment on the proposed amendments at this stage but it is hoped to have the Bill introduced in the autumn of this year.
With regard to Senator Harte's contribution, equal pay for work of equal value as distinct from the same work is a fundamental principle of the 1974 Anti-Discrimination Pay Act and most equal pay claims being processed are based on that principle. In conclusion, I want to thank Senators for their words of welcome in relation to this measure and I commend it to the House.
Question put and agreed to.