Vol. 418 No. 9
5 Mr. Ryan asked the Minister for Labour the steps he proposes to take to ensure that incidences of intimidation and/or sexual harassment in the work-place, which has recently been recognised as a major problem, are removed from the working environment; and if he will make a statement on the matter.
70 Mr. Gilmore asked the Minister for Labour if his attention has been drawn to the comments made by the chief executive of the Employment Equality Agency at the publication of the Employment Equality Agency report for 1990, that the agency were only dealing with the tip of the iceberg in relation to cases of sexual harassment in the workplace; if he intends to provide any additional resources for the agency or take any other measures to combat this problem; if he intends to act on the advice of the agency to the effect that equality legislation should be amended to cover discrimination on the grounds of sexual orientation; and if he will make a statement on the matter.
I propose to take Questions Nos. 5 and 70 together.
It is correct to say that Ireland has a good record among EC member states in terms of the responsiveness of our public policy instruments, and the policy and practice of employer and trade union organisations to the problem of what has become known as sexual harassment.
It is most important to emphasise that legal redress is available, under the provisions of the Employment Equality Act, 1977, to those who are victims of sexual harassment at work. Research undertaken by the European Commission in 1987 found that Ireland was at that stage one of only two European Community member states where there is an unequivocal acceptance that proven sexual harassment is unlawful sex discrimination.
During the Irish Presidency of the European Community, a resolution on the protection of the dignity of women and men at work was adopted by the Social Affairs Council. As a direct result of the adoption of this resolution, the European Commission undertook the preparation of a recommendation and a code of practice on the subject which were published on 4 December 1991. The aim of the code is to ensure that sexual harassment does not occur and, if it does occur, that adequate procedures are readily available to deal with the problem and prevent its recurrence. I am undertaking consultations with both sides of industry and with the Employment Equality Agency and the Labour Relations Commission about the best means of promoting and implementing this code.
While the guarantee of legal redress for victims of sexual harassment is necessary, I believe it is most important that employers and trade unions, while acknowledging the availability of legal redress to the victims of sexual harassment, should put policies and procedures in place at company level to enable such issues to be handled, where possible in a non-conflictual, non-adversarial manner because of their impact on both the complainant and the alleged harasser.
I know that this preventive approach is fully endorsed by the Employment Equality Agency and by FIE and ICTU, all of whom have devised material for employers and employees regarding the development of policy and the handling of complaints.
I acknowledge that the number of cases where legal redress is sought does not reflect the magnitude of the problem of sexual harassment at the work-place. I would also agree that this problem is by no means an isolated phenomenon and that it can have severe effects on the health, confidence, morale and performance of those affected by it.
The Employment Equality Agency are available to offer advice to employers and trade unions in drawing up positive action programmes and advising generally on action that can be taken in individual cases. The agency are also available to offer advice and assistance to persons in processing a case before an equality officer or the Labour Court.
With regard to the Employment Equality Agency's 1992 grant, extra resources have been made available to the agency this year having regard to the Government's commitment in the Programme for Economic and Social Progress to enable the Employment Equality Agency to encourage companies to pursue equal opportunity initiatives. I consider preventive procedures relating to sexual harassment as falling within a broad classification of equal opportunity initiatives. I should emphasise that I am particularly pleased, in the light of the current constraints on the public finances, that it has been possible to assist the agency in developing this aspect of their promotional work.
Proposals to amend the Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977, are being finalised and will be ready for introduction shortly. I do not wish at this stage to comment on the detailed provisions of the proposed amendments other than to confirm that consideration has been given to an extensive range of proposals put forward by the Employment Equality Agency, including their proposal in relation to sexual orientation.
I call on Deputy Ryan, who, for obvious reasons, must be very brief and succinct.
I welcome the Tánaiste's reply but I do not consider that it really deals with the problem. Would the Minister not accept that there is still a great reluctance on the part of those affected, particularly women, to raise the issue of sexual harassment? In this regard I think especially of those employed by small, unorganised firms in which the harasser could possibly be the employer himself. In view of that would the Minister not agree that there is an urgent need to strengthen the Employment Equality Act, 1977, to encourage claimants to come forward?
I am afraid that that must be sufficient, Deputy.
Finally, I point out that resources must be made available to ensure that education, both in the work-place and in schools, might bring this important issue forward and encourage women to recognise its importance. There are great constraints on time but I ask the Tánaiste and the Minister to give this issue the urgent priority it deserves.
My reply indicated that the Department of Labour are anxious that employers' organisations, trade unions and workers themselves should be aware of the facilities available under statute for dealing with this problem. Everybody in public life and in any of those organisations should use every available opportunity to inform people that those statutory provisions have been made for their protection.
