asked the Minister for Labour if the review of the Unfair Dismissals Act, which he indicated on 3 December last was under way and was likely to be completed early in 1986 has yet been concluded; if he will be bringing any amendments to the Act before the Dáil; if any amendments will include a provision that a person's private life, outside the place of employment, cannot be used as grounds for dismissal; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Unfair Dismissals Act.
3.
I expect to be in a position in the near future to obtain Government approval for the drafting of a Bill to amend the Unfair Dismissals Act, 1977. I am not in a position at this stage to outline in detail the amendments which I am seeking following a review of the working of the legislation carried out by my Department. Most of the amendments, however, result from practical experience of the operation of the Act since 1977.
On the specific issue of a person's private life as grounds for dismissal, as I informed the Deputy on a previous occasion, I have had a detailed examination carried out of the possibilities which exist in this connection. The examination has highlighted the fact that there are no clear legal remedies available.
I cannot recall the exact wording at the outset but it indicated to me that the Minister expects to get approval to go ahead with the drafting of a Bill. There is not a draft in progress. Is that correct?
I have the heads of a Bill with the Government at present. Once that is finalised and approved, we can proceed to the drafting. Because it is an amendment to an existing Bill it can proceed fairly quickly.
I understood from the Minister's reply last December in connection with the same matter that at that stage there was a review in progress, the Minister was receiving submissions and he hoped to be in a position shortly to deal with it. The progress made since then is that the Minister is now submitting to the Government heads of a Bill. When does the Minister hope to bring it in?
I hope to have the Bill in by the end of this year.
Will it deal with the matters I raised in relation to a person's private life being used as a basis for unfair dismissal?
I cannot say that at this stage. I have already indicated to the Deputy that examination of that aspect, and the legal remedies it will be possible to incorporate in an amendment to the unfair dismissals legislation, are proving difficult.
Is the Minister saying he does not think it is possible to include that provision in a Bill?
I am advised that trying to introduce the type of legislation the Deputy and I would agree upon — I do not think there is any policy disagreement on this — within the framework of the Act referred to is proving difficult. I am advised that it is proving difficult to find a suitable formula of words.