Dáil Éireann díospóireacht -
Tuesday, 4 Jul 1995

Vol. 455 No. 4

Ceisteanna — Questions. Oral Answers. - Sexual Harassment in the Workplace.

Michael Woods

Ceist:

6 Dr. Woods asked the Minister for Equality and Law Reform the steps, if any, he proposes to take to ensure that all employees can enjoy a working environment that is free from sexual harassment and that women will be considered for any particular job or promotion on their qualifications and merits and will not be discriminated against because of their gender in view of the recent report of the Employment Equality Agency which showed that in 1994 sexual harassment accounted for the largest number of inquiries to the Employment Equality Agency for the fourth year in succession. [12203/95]

Michael McDowell

Ceist:

12 Mr. M. McDowell asked the Minister for Equality and Law Reform the immediate steps, if any, he intends to take to eliminate sexual harassment in the workplace; and if he will make a statement on the matter. [12282/95]

Peadar Clohessy

Ceist:

27 Mr. Clohessy asked the Minister for Equality and Law Reform the immediate steps, if any, he intends to take to eliminate sexual harassment in the workplace; and if he will make a statement on the matter. [12283/95]

Minister for Equality and Law Reform (Mr. Taylor)

I propose to take Questions Nos. 6, 12 and 27 together.

The problem of sexual harassment in employment is a topic that has been receiving increasing attention in recent years. Last year I published a code of practice on measures to protect the dignity of men and women at work also known as the code of practice on sexual harassment. This code was prepared by the Employment Equality Agency with the full co-operation of both IBEC and the ICTU. In accordance with a commitment in the Programme for Competitiveness and Work it is being promoted, monitored and reviewed by the agency which has already achieved considerable experience and expertise in advising workers and employers on this subject.

Employers and trade unions, through their respective representative bodies of IBEC and the ICTU, have displayed a positive disposition towards combating the problem of sexual harassment in employment and towards putting in place workplace procedures to deal with it. The code of practice will build on these efforts. The Employment Equality Agency has spared no effort to ensure a wide distribution of the code and to date almost 30,000 copies have been distributed to employers, individuals and other interested parties.

The present code of practice is not mandatory but its guidelines may be taken as an authoritative source without precluding employers and workers exercising discretion to adopt other appropriate and equivalent practices if the circumstances of their employment so warrant. In the revised employment equality legislation proposals which I expect to publish before the end of the year, I intend to give the code of practice appropriate legal recognition.

In the interim legal redress is available to victims of sexual harassment under the Employment Equality Act, 1977, notwithstanding the absence of a specific reference in the Act to sexual harassment. In 1985 the Labour Court, in a precedent case, ruled that "freedom from sexual harassment is a condition of work which an employee of either sex is entitled to expect". The court, accordingly, treats any denial of that freedom as discrimination within the terms of the Act.

That Act also prohibits any form of discrimination on the basis of gender or marital status in relation to employment, including access to jobs or promotion. Any person who feels that they have suffered unlawful discrimination under the Act has a right to have their case investigated.

Dr. Woods

Does the Minister agree that the problem of sexual harassment in the workplace is to a large extent misunderstood? It is particularly important, therefore, to send the clear message that it will not be tolerated. It tends to be associated with trivial sexual acts but it is more akin to bullying and a power play where young people and women in particular are subjugated and kept down in the workplace. Will the Minister indicate how he hopes to get that message across given that this now appears to be a widesprad practice?

Mr. Taylor

I agree with the Deputy. It is important that any misunderstandings are cleared up and the message is understood. We have had reasonable success in that regard. Almost 20,000 copies of the code were distributed by the Employment Equality Agency in 1994 while a further 10,000 copies will be distributed this year. Another 10,000 copies are being printed and will be available to employers, individuals and other interested parties.

There has been an appreciable increase in the number of cases reported to the Employment Equality Agency. This is an indication that there is now greater awareness of the rights and responsibilities of employees and employers, respectively, arising from the promotion of the code. I agree with the Deputy that this conduct is not acceptable but there is a remedy. The code of practice is helpful although, admittedly, it does not have legal status.

I am endeavouring to find some format to give it such status in the new employment equality legislation which is due for presentation to the House later this year.

Dr. Woods

I welcome the Minister's comments and the fact that he will consider introducing legislation, if necessary, although I appreciate it may be difficult to specify where it would apply. It is important, therefore, that we get the message across, especially to senior and middle management in industry and the public service in particular, given that sexual harassment involves choosing a victim and using one's position to exercise power over the victim. This is not fully understood. Will the Minister do his utmost to implement the existing code of practice and the disciplinary procedures that apply to it to ensure that the message in that code is sent out loud and clear in the public and private sectors?

Mr. Taylor

I agree with the Deputy. Remedies exist under the ruling of the Labour Court to which I referred in my reply. The Employment Equality Agency does remarkable work in this field. It will advise or assist people with queries or complaints. Many people who have been adversely affected by sexual harassment at work have been constrained frequently not to come forward and make a complaint, but as a result of the work of the Employment Equality Agency operating under the aegis of my Department it is interesting that people are increasingly reporting incidents of harassment and it is important that they should do so. People should be aware that although the code published is not currently legally recognised per se remedies are available under the existing legislation. Any person who reports a concern to the Employment Equality Agency, the leading experts in this field, will receive a confidential and sympathetic hearing. It will advise people of their rights and, if necessary, represent or arrange for them to be represented in proceedings before a tribunal.

The new employment equality Bill will be published later this year. I am working on a method to give this matter a form of recognition. Deputy Woods is correct in saying there are difficulties associated with its structure, but I have some ideas regarding it. We will discuss that Bill and the format I will decide in that regard when the Bill is published in due course.

An Ceann Comhairle

The House will accept that I cannot remain unduly long on any one question having regard to the rather rigid time factor involved in dealing with priority questions. Deputy Woods may ask a brief and final question.

Dr. Woods

I emphasise that sexual harassment in the workplace may also apply to men as it is essentially related to the abuse of power over officials and work mates. The figures produced by the Employment Equality Agency — I congratulate it on its work — are effectively only the tip of the iceberg.