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Dáil Éireann díospóireacht -
Thursday, 6 Jun 1985

Vol. 359 No. 4

Estimates, 1985. - Employment Equality Act, 1977 (Employment of Females in Mines Order, 1984): Motion.

I move:

That Dáil Éireann approves the following Order in draft:—

Employment Equality Act, 1977 (Employment of Females in Mines) Order, 1984

a copy of which Order in draft was laid before Dáil Éireann on 28 November 1984."

If it is strong, the principle of equality must be constantly upheld and brought up to date. This entails constant vigilance as regards the relevance and reasonableness of the range of exceptions permitted. In the sphere of equality legislation, it is undoubtedly the exception which proves the rule, and determines its strength. The Employment Equality Act, 1977, makes specific provision for the review of protective laws when the concern for protection which originally inspired them is no longer well founded. The law has a special role to play both as a reflection and an instrument of change. It acts as a reflection because the law always lags behind the social change which precedes it and which it embodies.

(Interruptions.)

If a response to the crisis of human tragedy is slower than humanity and passion demand, we should respond as quickly as possible to the emotions that are being displayed in this House.

To return to the motion, the law is also an instrument which serves to promote social objectives and to combat the forces of inertia embedded in traditional work culture and patterns of behaviour.

Section 14 of the Employment Equality Act recognises that certain requirements in four Acts administered by my Department may in effect be forcing employers, by law, to discriminate against women in employment. It accordingly empowers the Minister for Labour to repeal or amend any such requirement by Affirmative Order. In addition to my proposals for amending the original equal pay and employment equality statutes, I intend to make use of these powers to effect further changes by order wherever desirable. The additional measures will effect necessary changes in the provisions of the Conditions of Employment Act, 1936, and modify the blanket exclusion of certain significant occupations from the coverage of the equality legislation.

The purpose of this measure is to modify certain provisions in the Mines and Quarries Act, 1965. Subsection (1) of section 107 prohibits the employment of females below ground in a mine, and section 110 restricts the employment of women at night at a mine. These provisions have outlived their usefulness and, in the words of the 1977 Act, are nowadays "likely to affect or impede the elimination of discrimination in relation to employment or the promotion of equality of opportunity between men and women in relation to employment".

On the basis of a review of these provisions undertaken in my Department and the views of industrial, professional and other representative bodies which have been communicated to me, I propose with the approval of the House, to make an appropriate Order under section 14 of the Act.

The draft order before the House today, proposes to abolish the restriction on the employment of women at night in mines. The draft order also removes the prohibition on women working underground in a range of professional occupations which may require practical experience of underground work (for example some management or training posts), or involve spending an amount of time underground. This category includes specialists in fields such as radiology, geology and medical personnel. Female students in these disciplines who, as part of their courses may require `work experience' in underground work in mines and who, up to now, have been effectively barred from such experience, will also benefit from the change effected by this order.

As regards the total abolition of restrictions on the employment of women underground, we are constrained by ILO Convention No. 45 which Ireland ratified in 1936. The Convention forbids the employment of females on underground work in a mine; it does, however, provide that national laws or regulations, may exempt certain categories of females employed in non-manual work. In this instance, therefore, the proposed order would allow those categories of women to work below ground. To remove the ban completely on women working underground in mines would require Ireland to denounce ILO Convention No. 45, and the earliest this could be done would be in the year commencing 31 May 1987. In the meantime, I will be giving further consideration to the desirability of following this course of action.

As required by the Act, I have consulted the Irish Congress of Trade Unions and the Federated Union of Employers about this proposal and neither body has raised any objection. The modification has also been welcomed by the Employment Equality Agency and the Council for the Status of Women, whom I have also consulted, and by the Working Party on Women's Affairs and Family Law Reform in their recently published recommendations Agenda for Practical Action.

The draft order requires the prior approval of each House of the Oireachtas by way of Affirmative Resolution, and I request the Dáil to express such approval.

I welcome this draft order and the commitment of the Minister to remove obstacles to women in employment which in the past may have been an advantage to them but now are a disadvantage and a disincentive. I look forward to the introduction of any further legislation that may be needed to remove the obstacles still remaining and the discrimination particularly with regard to age limits and social welfare. I know there are not particularly the Minister's responsibility but I want to include them on the record. I hope that the Minister will in the near future come in and give us a programme not only of removing obstacles but also of firm action which is necessary to ensure that the spirit of this legislation is implemented and not just left on the Statute Book.

Question put and agreed to.
The Dáil adjourned at 5 p.m. until 10.30 a.m. on Friday, 7 June 1985.
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