Select Committee on Social Affairs debate -
Tuesday, 26 Nov 1996

SECTION 46.

Ms Keogh

I move amendment No. 55:

In page 44, lines 35 to 47, to delete subsection (4).

We are talking about remedies under the Bill which are severely limited in most instances. Successful equal pay cases may be compensated by equal pay and maximum arrears of the three preceding years. In other cases compensation of up to two years pay or £10,000 is specified.

In unfair dismissal cases the Labour Court may order reinstatement or re-engagement as well as financial compensation. In gender cases referred to the Circuit Court no ceiling applies and the court orders compensation appropriate to the case so that the capping of compensation at such a low level undermines the potential impact of the proposed legislation in deterring discrimination.

Mr. Taylor

The Deputy's proposal seeks to delete the ceilings on awards under the Bill by the director and the Labour Court. My advice is that neither the director nor the Labour Court are judges appointed under Article 34 of the Constitution. A power for them to order compensation of an unlimited amount would probably be unconstitutional. It is similar to the point I made to Deputy Woods and is unavoidable.

Amendment, by leave, withdrawn.

Section 46 agreed to.