Dáil Éireann Debate, Tuesday - 18 February 2014
338. Deputy Olivia Mitchell asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the two-year waiting time for the hearing of complaints at the Equality Tribunal; his plans to allocate additional resources to the tribunal to reduce waiting times; and if he will make a statement on the matter. [7879/14]
View answerThe Equality Tribunal is independent in the exercise of its quasi-judicial functions and I have no direct involvement in its day to day operations. The Equality Tribunal has jurisdiction to investigate and decide upon complaints of discrimination under the Employment Equality Acts, the Equal Status Acts and the Pensions Acts. The Equality Tribunal also provides a statutory mediation service.
The Equality Tribunal is one of the front-line services directly affected by the current turbulence in the labour market. The responsibility for the Equality Tribunal was transferred from the Minister for Justice and Equality to the Minister for Jobs, Enterprise and Innovation with effect from 1 January, 2013 as part of the ongoing reform of the State's employment rights and industrial relations structures.
I am informed that the average waiting time for a hearing of a complaint under the Employment Equality Acts is approximately 117 weeks. However, in cases where the complainant and respondent opt for mediation, a mediation hearing is arranged within approximately twelve weeks of the initial lodgement of the complaint.
The Equality Tribunal has recently been endeavouring to put measures in place in order to reduce the current waiting time for a hearing. These measures include increasing the individual work loads of staff and improved scheduling arrangements, training more mediators and increasing the number of venues. In addition five experienced Rights Commissioners have been trained in the area of Employment Equality legislation with a view to appointing them as temporary Equality Officers. On appointment as Equality Officers these five Rights Commissioners will be in a position to hear cases immediately and thus contribute to a substantial reduction in the current waiting time. My Department is currently working with the Department of Public Expenditure and Reform to obtain the necessary consent of the Minister for Public Expenditure and Reform for confirmation of their appointments.
Notwithstanding the efforts of the Equality Tribunal to reduce backlogs and waiting times for hearings, I believe the delays that users of the service are experiencing are unacceptable. This is one of the reasons why I am undertaking a root and branch reform of all five Workplace Relations Bodies.
My objective is to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement, within a reasonable period of time.
A new two-tier Workplace Relations structure will be established comprising two statutorily independent bodies replacing the current five (i.e. the Employment Appeals Tribunal, the National Employment Rights Authority, the Equality Tribunal, the Labour Relations Commission and the Labour Court). 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. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.
The preparation of the legislation which will give effect to the new workplace relations structures is at an advanced stage. My intention is to publish the Workplace Relations Bill as early as possible during the Spring/Summer Dáil session 2014 with a view to having the new structures in place during 2014.
