I thank the Deputy for raising this issue because it enables me to dispel any confusion that exists. I have had a continuing interest in the matter and the House will be aware of the initiative which I undertook during the Irish Presidency to bring out more clearly in all countries of the European Community the responsibilities of all the parties in this degrading form of victimisation. My policy on this issue is abundantly clear and I believe so is the law.
Under the Employment Equality Act, 1977, if a Labour Court order making an award to a victim of sexual harassment is not complied with within two months, the employer is guilty of an offence. I am advised that where an employer fails to comply with a Labour Court order the person in whose favour the order is made can complain to the gardaí who can have a prosecution initiated through the Director of Public Prosecution's office.
Alternatively, if the complainant makes a complaint to the Minister for Labour the case can be referred to the Chief State Solicitor's office for the initiation of the necessary proceedings. This last is the option which I favour and is the option which is most easily available to an aggrieved party.
I have no reason to believe that procedures need to be changed to ensure payment of awards but I believe that it is important — and I have communicated this to the Chairman of the Labour Court —that it should be generally known that the Minister for Labour will initiate proceedings on behalf of a person to whom an award in a sexual harassment case has not been paid.