asked the Minister for Labour if he will make public recommendations of equality officers while equal pay decisions are under appeal.
Ceisteanna—Questions. Oral Answers. - Equal Pay.
5.
Section 7 (4) of the Anti-Discrimination (Pay) Act, 1974, as amended by section 36 (2) of the Employment Equality Act, 1977, provides that the equality officers' recommendations shall be conveyed to the Labour Court, to the parties to the dispute and, in the case of a dispute referred to the equality officers by the Employment Equality Agency, also to the Employment Equality Agency. I do not propose to interfere with these arrangements.
Is it not a fact that the Minister is not precluded from making public the recommendations of the equality officers? In view of the fact that the whole question of equality of pay is such a serious and important one in its social and economic significance, would it not be a good idea to have the public enlightened and educated by seeing the kind of recommendations that are made and what happens to them at the appeals' office?
That is not correct. The Minister has no function in the publication of recommendations of the equality officers. This is a matter for the Labour Court.
Is the Minister precluded from publishing the recomendations?
There is no specific provision in the Act that requires the Minister to make public the recommendations of the equality officers.
The Minister is not precluded from doing so.
6.
asked the Minister for Labour (a) the total number of equal pay claims brought before the Labour Court; (b) the number of such cases outstanding at the present time; (c) the average length of time taken to process such claims, including appeals; (d) the total number of rulings issued in equal pay claims; (e) the total number of rulings made in favour of employers, and in favour of employees; (f) the total number of rulings made in favour of employees which have been implemented in full by the employers; and (g) the total number of recommendations made by equal pay officers which have been subsequently overturned by the Labour Court.
The following information in response to the Deputy's question has been obtained from the Labour Court which has the central enforcement role in equal pay cases under the Anti-Discrimination (Pay) Act, 1974.
(a) To date, 114 equal pay claims have been referred to the equality officers of the Labour Court. In the case of 32 of these claims the disputes were resolved by the parties themselves in the course of investigation by the equality officers or withdrawn without the issue of a formal recommendation.
(b) The number of cases outstanding is 57, representing the total number of cases referred, 114, less those settled or withdrawn, 32, and also less cases in which the equality officers have issued recommendations, 25.
(c) The average length of time taken to process equal pay claims is three to four months. A lot depends on the complexity of the claim and the extent to which the parties concerned co-operate. I understand that in some cases the work of the equality officers is being delayed and made more difficult by incomplete claims and by delays in supplying necessary information requested by the equality officers. In cases appealed to the Labour Court the average length of time overall has been approximately six months.
(d) Twenty-five recommendations have so far been issued by the equality officers.
(e) Of these six were in favour of employers and 19 in favour of employees.
(f) Precise information is not available on this. I should say, however, that there is no evidence either of failure to implement recommendations. Under the Act, there is provision by which an employee may seek a remedy in any case of failure by the employer to implement a recommendation.
(g) The number of recommendations in this category is three.
Has the Minister given any consideration to the fact that there is a difficulty in getting precise information from those involved? Is there anything within the structure of the appeals mechanism that needs to be reconsidered and restructured in order to facilitate people submitting information more expeditiously and correctly? Has the Minister considered that point?
I am concerned about the delays and the inadequate information, or lack of information, given to equality officers at the outset. The appeals situation is a different matter. It is a cause of concern but in a later question I shall be able to inform the Deputy that the staff situation there has improved and, hopefully, this will expedite appeals.
I am sure the Minister is aware that there is a considerable sense of grievance among the people concerned. I understand an appeal can take as much as 13 months in some cases, although I know this is longer than the average. Is the Minister aware of the sense of grievance of people who make appeals and who cannot get a decision? They lose interest in the matter by the time a decision is made.
I would appreciate it if the Deputy would give me details of the case where there is a delay of 13 months. My intention is that the appeals should be processed more quickly and any complaints from Deputies will be pursued in order to bring the matter to an early conclusion.
7.
asked the Minister for Labour if he is satisfied with the operation of the Employment Equality Act in relation to equal pay; and if he will introduce new machinery to facilitate its implementation.
The Employment Equality Agency were brought into operation on 1 October 1977. The agency have the function to keep under review the working of the equal pay legislation and, whenever they think it necessary to do so, to make proposals to me for amending the Act. No proposals have been received from the agency so far, and I suggest that, as the body is such a short time in operation, it would scarcely be reasonable to expect them to have concluded a review of the situation or to have proposals ready for submission. The question of introducing new machinery as suggested by the Deputy does not, therefore, arise at this time. The procedures of the Anti-Discrimination (Pay) Act, 1974 are, of course, operating.
Does the Minister not consider that the appeals procedure regarding equal pay claims is inadequate because of a possible conflict within the Labour Court in view of its conciliatory tone? Would the Minister consider setting up a separate section in the Labour Court to deal solely with equal pay claims?
With regard to the Deputy's question concerning changes in the Labour Court, while not pre-empting any decision that may be taken by the Commission on Industrial Relations, this is one of the areas I hope they will look at.
I am calling Question No. 8.
In view of what Deputy Browne has said that there is an urgency in the equal pay situation, will the Minister not agree that there is a need for a separate section?
That question has been asked already.
I am calling Question No. 8.
8.
asked the Minister for Labour if he will take steps to inform workers of their rights under the Employment Equality Act.
An explanatory booklet on the provisions of the Employment Equality Act, 1977 which gives general guidance to workers on their legal entitlement under this legislation was issued in July 1977 when the Act came into operation, and was given wide distribution by my Department.
Copies have been sent to ICTU, FUE and other employers' organisations, to the industrial trade unions with a large membership of women and to all women's organisations. Copies have also been distributed to State-sponsored bodies, local authorities and health boards and, of course, to every individual or company who so requested.
It is a function of the Employment Equality Agency, which came into operation on 1 October last, to advise workers of their legal rights under the Act. The agency have distributed a series of leaflets on the implications of the legislation for workers. Also, information talks have been given to various workers', employers' and women's organisations throughout the country.
I regard these arrangements as adequate, but if representations are received suggesting that they should be improved, the matter can be considered further.