Under this section a member of the Defence Forces cannot take a case in his or her own right but must get an officer to do so. Congress is of the view that this prohibits a member of the Defence Forces from obtaining their rights under equality legislation. I would like to hear the Minister's response.
SECTION 68.
Question proposed: "That section 68 stand part of the Bill."
While excluding the Defence Forces from the redress provisions of the Bill, section 68 provides that an officer of the Defence Forces, responsible for the investigation of a complaint of discrimination from a member, may request the Director of Equality Investigations to investigate the complaint and make a recommendation. It has been suggested that this section should contain an express provision to the effect that regard should be had to the recommendations of the director deciding on the complaint. I will consider this suggestion and I may bring forward an appropriate amendment on Report Stage.
Question put and agreed to.
SECTION 69.
Question proposed: "That section 69 stand part of the Bill."
Section 69 makes provision for codes of practice. The Irish Congress of Trade Unions welcomes that provision but is concerned that it does not provide for consultation with the social parties. It recommended the inclusion of a provision to ensure consultation. I do not know if it is necessary; the Minister might express a view.
I would like to take this opportunity to commend companies which have introduced codes of practice some of which we discussed earlier — for example in relation to harassment. They have done an excellent job providing practical workable codes of practice. Aer Lingus, Aer Rianta and the Bank of Ireland were to the fore on the question when it came to tackling harassment. Other major organisations have taken initiatives in that regard and it is right that we commend them for what they have done. The ESB has a code of practice to deal with sexual harassment in the workplace. I commend those involved in putting those codes of practice in place, even before this legislation was introduced.
I am glad Deputy Woods mentioned that. I have personal knowledge of what he is talking about and these companies are to be commended. They are shinning examples of what many other firms could and should do. As far as the section is concerned, it is safe to say the appropriate consultations would always be undertaken. Section 69(2) provides that "the Authority shall consult such other Minister of the Government or other person or body as the Authority considers appropriate or as the Minister may direct.". Obviously, that would always be done. As regards the code of practice on relations between women and men in work, I asked the agency to undertake that in association with the social partners. It follows that it would always be done. It is not really necessary to include a provision in the section to cover that.
Question put and agreed to.