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

SECTION 57.

I move amendment No. 61:

In page 53, subsection (3), line 10, to delete "Subject to subsection (4), the" and the substitute "The".

This is a technical amendment which deletes a reference to a subsection (4) which does not exist.

Amendment agreed to.
Section 57, as amended, agreed to.
Sections 58 to 65, inclusive, agreed to.
SECTION 66.
Question proposed: "That section 66 stand part of the Bill."

This section makes provision for cases to be struck out after one year if they are not being pursued. I note congress recognised the need for this provision but was concerned it could be used without the knowledge of the claimant. Congress recommended that claimants be informed before the decision to strike out their case is taken. Perhaps the Minister could elaborate on that.

We have provided in section 66(3) that, as soon as practicable after striking out a reference, the director or, as the case may be, the court shall give notice in writing to the complainant and the respondent or respondents. If a person leaves their case lie for one year, it is reasonable to accept they are not serious about it. All too often, such matters are left lying there and this is a little unfair on employers or on respondents. I take Deputy Woods' point.

Theoretically it is desirable but whether it is a good idea in practice is a point which must be addressed.

I will think about it.

Question put and agreed to.
Section 67 agreed to.
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