Dáil Éireann Debate, Tuesday - 9 October 2012
309. Deputy Seán Kyne asked the Minister for Jobs; Enterprise and Innovation if he will report on the progress made on the implementation of the new streamlined Workplace Relations Service; and when he hopes the service with be operational. [43433/12]
View answerThe Government is committed to the reform of the State’s Workplace Relations Services. The Reform Programme, which I announced in July, 2011, will among other matters, address a number of criticisms levelled over the years at the existing system. These include:
- Five organisations with overlapping, but completely separate, objectives and operations.
- Claims are often referred to the wrong forum or under the wrong statute.
- Lack of consistency between the bodies regarding degree of formality of hearings, rules of evidence and use of adversarial or inquisitorial procedures.
- Overly legalistic and so complex that experienced practitioners find it difficult to comprehend.
- Excessive delays.
- Duplication of functions between the bodies results in “forum shopping”.
- Poor value for money.
My objective is to establish a world-class Workplace Relations Service. I am happy to report that substantial progress has been made to date and a number of important priority actions have been successfully delivered within the target timescale. These include:
- A new single contact portal called “Workplace Relations Customer Services” has replaced the five separate entry points.
- Complaints are now acknowledged, on average, within a week of receipt. This was previously taking up to eight months in some cases.
- The employer is also notified, on average, within a week of the complaint being lodged thus increasing the possibility of a resolution being reached without the need for a hearing.
- There are now no backlogs for Rights Commissioner hearings.
- A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use.
- A new workplace relations interim website is in place.
- A pilot Early Resolution Service is now seeking to resolve disputes at an early stage without the need for adjudication.
- A major Business Process Review is at an advanced stage. This will identify the procedures, processes and systems which will underpin the new structures.
My intention is to continue to progress the reform programme. The next major step is to establish a two-tier Workplace Relations structure. This will involve two statutorily independent bodies replacing the current five. We will have a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court. The WRC will replace the LRC, NERA, the Equality Tribunal and undertake the first instance functions of the EAT. The labour Court will take on the appellate functions of the EAT. While considerable progress has been achieved to date on an administrative basis, completing the proposed reform requires the enactment of detailed legislation. This is necessary in order to provide the statutory basis for the new structures and processes.
Last year I undertook a public consultation process that concluded in September 2011. The responses, overall, demonstrated a strong consensus around the need for reform and the shape that reform should take. The many positive suggestions that emerged from that process have helped to inform the design and delivery of the reform to date. They also influenced the proposals set out in the Blueprint to Deliver a World-Class Workplace Relations Service (Blueprint) which I published in April of this year.
The Blueprint document set out, in considerable detail, how I propose to reform the workplace relations structures and processes. I published the Blueprint in order to provide a further opportunity for consultation. I am happy to have received 32 responses to the document. They include many supportive, useful and constructive suggestions and comments. All contributions made have received careful consideration and helped inform the preparation of the Policy Document – Legislating for a World-Class Workplace Relations Service which I submitted to the Oireachtas Committee on Jobs, Enterprise and Innovation in order to give the Committee an early opportunity to shape the legislation. I had a constructive dialogue with the Committee on the basis of the document.
Work has commenced on the legislative programme and detailed design to deliver the reform. A significant amount of work has been completed on the legislative programme and the General Scheme of Bill was approved by Government for priority drafting at the Cabinet meeting on 24th July, 2012. I expect publication before the end of quarter one of next year. This would enable the proposed new structures to be put in place by early 2013.
In the meantime, I intend to continue to progress the reform on an administrative basis. I am now proceeding to introduce a further tranche of specific projects and initiatives which can be progressed and implemented in advance of the enabling legislation. These include:
- Transfer responsibility for the Equality Tribunal from the Minister for Justice and Equality to myself
- Publish the permanent Workplace Relations Website to replace the six sites currently in place
- Establish a Single Hearings Management and Scheduling Unit
- Establish a Single/Shared Corporate Services Unit for the Workplace Relations Bodies.
- Provide a version of Workplace Relations Complaint Form that can be submitted online (e-Complaint Form)
- Enhance Adjudication Arrangements and reduction of backlogs in the Equality Tribunal
- Develop and deliver an accredited training programme for adjudicators
- Implement new business processes in the Workplace Relations Bodies
- Implement a Code of Practice and Conduct for adjudicators
- Introduce standard templates for Rights Commissioners’ decisions/Equality Tribunal and EAT Determinations
- Review and revise, as necessary, existing statutory instruments (SIs)
- Rationalise hearings venues
- Develop a Single Determinations Database
- Put in place a Single Complaints Management System
I am determined to progress the next phase of the reform and the enactment of the legislation with the same determination and priority that has delivered excellent results to date.
