Alan Shatter
Ceist:5 Mr. Shatter asked the Minister for Equality and Law Reform the initiatives, if any, he proposes to take to eliminate sexual harassment in the workplace.
Ceisteanna—Questions. Oral Answers. - Sexual Harassment in the Workplace.
It is important to emphasise that we have legal redress for victims of sexual harassment in the workplace. Any employee who considers that she or he may be a victim, may refer a complaint to the Labour Court under the provisions of the Employment Equality Act, 1977. Nevertheless, there is a commitment in the Programme for a Partnership Government to introduce even more explicit provisions in employment equality legislation with a view to eliminating sexual harassment at work. I am currently examining what legislative provision will best meet this commitment in the review of employment equality legislation.
Over and above legislative provision, I have been examining what other measures should be taken on this matter. In this regard I have been examining the views of employer and trade union interests on the EC Recommendation and Code of Practice on the Protection of Dignity of Women and Men at Work.
Having regard to these views and the recommendation of the Second Commission on the Status of Women on this matter I have been reviewing how to progress the adoption of an Irish Code of Practice. I have now decided that an Irish Code of Practice should be drafted by the Employment Equality Agency in full consultation with the social partners and other relevant bodies. I have asked the agency to commence this work without delay and report back to me by the end of October. At that stage I will consider how any such draft code might be given legal effect.
Will the Minister agree it is astonishing that the survey carried out by the Dublin Rape Crisis Centre shows that about 40 per cent of the companies surveyed had received reports from members of staff of sexual harassment and that 78 of those companies had no one readily identifiable to deal with such problems? Will the Minister indicate what steps he intends to take to ensure that within every business concern someone is readily identifiable to deal with such complaints when they arise? Will he agree that there is a need for a public information programme to ensure that the current protections available under the law are known to people who are the victims of sexual harassment at work?
I agree with the general comments made by the Deputy although the person who spoke at the Rape Crisis Centre yesterday, when the document was presented to me, was at pains to point out that the number did not relate to firms but to employees. Therefore, it is not accurate to say that that number of firms is involved. However, I agree there must be maximum publicity so that people are aware of their rights under existing legislation. A number of efforts have been made by organisations in that regard. For instance, the Irish Congress of Trade Unions has published documentation and held seminars. In addition I attended a seminar organised by the Irish Nurses' Organisation, the Employment Equality Agency also has responsibility in this area and has published documentation. The survey published yesterday highlighted the importance of firms — and I agree with Deputy Shatter — nominating and appointing a particular person to whom complaints could be addressed and which would then be investigated and examined in a sympathetic and completely confidential manner.
Will the Minister engage in discussions with the Minister for Enterprise and Employment with a view to seeing what initiatives his Department can take in this area? Does the Minister acknowledge that cases of sexual harassment in the workplace have not been treated as seriously as they should have been and that there has been a lack of recognition of the fact that the victims of such harassment — in most cases women — are being abused by employers, managers or other staff who are in positions of power over them? Would the Minister agree——
More than half the time available for these questions is now exhausted.
With respect, Sir, if you did not interrupt me I would have completed my question.
The Deputy should have regard for the Chair and its sense of fair play and equity in dealing with these questions.
Does the Minister agree that his colleague should take the initiative in this area? Will he explain why the code of practice published by the EC is not adequate and cannot be immediately applied in this country?
I do not agree that we have been backward in dealing with this question, indeed in many respects we have been quite advanced: the Labour Court have upheld that sexual harassment will be regarded as discrimination of the employee. That decision goes back quite a number of years. Ireland took the initiative in initiating a measure that led to the establishment of a code of practice by the EC. The code of practice may not be quite appropriate to the Irish scene and that is the reason I have asked the Equality Employment Agency to prepare an Irish code of practice. It is my intention to introduce it into Irish legislation——
There must be a unified Community approach.
——possibly in employment equality legislation which is in the course of preparation. In recent times there has been an increasing awareness of the problem in Ireland and quite a number of organisations — as I have indicated — are taking active steps to highlight the existing legislation, to advise people of their rights and to inform them that the Employment Equality Agency is there to advise and assist them and if necessary to finance claims in appropriate cases.