Amendments Nos. 16 and 17 are alternatives so we will take them together, by agreement.
SECTION 9.
I move amendment No. 16:
In page 15, lines 32 to 41, to delete subsection (4).
This amendment proposes to delete section 9(4), which provides for a one year delay after the coming into force of the Bill before section 9 becomes effective. This section provides that discriminatory provisions in collective agreements and orders will be null and void. The one year delay before the section comes into operation on all other grounds except gender weakens the current legislation covering gender and marital status. I am amazed that this provision has been included in the Bill.
My amendment No. 17 proposes that the delay of one year be reduced. Section 9(4) of the Bill provides that section 9(2) shall not apply until the first anniversary of the date on which the section comes into operation. A delay is necessary before its introduction but three months is adequate. My amendment would delete from section 9(4) the words "the first anniversary of" and substitute "3 months after". That is a reasonable time within which to make the adjustments.
When a provision was introduced in the Anti-Discrimination (Pay) Act, 1974, to cover collective agreements, employment regulation orders and registered employment agreements, only agreements and orders made after the commencement of the Act were encompassed. Today, there is no excuse for any agreement or order to be incompatible with the principle of gender equality and so the Bill fully comprehends all such agreements and orders in that respect at the outset. However, in the case of the new categories of discrimination there are considerable reasons some special derogation is warranted.
As I mentioned before, the Anti-Discrimination (Pay) Act, 1974, recognised the problem of employers and trade unions across the State having to re-examine countless agreements and orders to assess whether they were discriminatory on gender grounds. This would have involved a mammoth undertaking for which neither employers nor trade unions had resources. Accordingly, section 5 of that Act only sought to apply to agreements and orders made after the commencement of the Act. I am providing that this Bill will apply to all collective agreements, employment regulation orders and registered employment agreements made after the coming into operation of the Bill. In the case of current agreements and orders which exist before and continue after commencement, I am providing a period of one year for employers and trade unions to sort out provisions which discriminate on grounds other than gender. I am satisfied that, given the potential for collective agreements to exist across many employments, it would be unrealistic to expect such agreements or other collective bargaining instruments could be reviewed in detail and renegotiated in a short period.
I ask Deputies to consider the impact of the Bill and reflect on the wide range of additional discriminatory categories that require to be addressed in the extensive review of agreements and orders. I also draw attention to the need in that review process to examine not only provisions that give rise to direct discrimination but also those less obviously or indirectly discriminatory provisions. In all these circumstances and in deference to the contribution which the social partners can make to implementing this legislation effectively, I continue to support the one year derogation provided in the section and I ask the committee to support it also.
As I said, I understand that some time may be required. The Minister elaborated on the difficulties which could be involved and the need, therefore, to provide time to make the adjustments. However, ICTU recommends that all grounds of discrimination be covered from the date of commencement of the Bill. My proposal for a three months moratorium to deal with the matters raised by the Minister is reasonable and I will press my amendment.
I do not want to be unreasonable. The Minister said the trade unions would have difficulties, given the work involved in implementing this provision but, notwithstanding that, Congress recommended that the provision apply from the date of commencement of the Bill. I take the point that a reasonable lead-in period might be needed but three months sounds reasonable to me so I am willing to support Deputy Woods's amendment.
Amendment, by leave, withdrawn.
I move amendment No. 17:
In page 15, subsection (4), line 37, to delete "the first anniversary of" and substitute "3 months after".
Amendment put and declared lost.
Section 9 agreed to.
Sections 10 and 11 agreed to.