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Seanad Éireann díospóireacht -
Tuesday, 28 Feb 2023

Vol. 292 No. 6

Remuneration Information and Pay Transparency Bill 2023: Second Stage

I move: "That the Bill be now read a Second Time."

I thank the Minister, Deputy O'Gorman, for taking this debate. The Bill was laid before the House by my colleague Senator Crowe and me. Across the world, there has been a pay transparency movement. Our former colleague Deputy Bacik, who is now in the other House, brought in the original pay equality legislation highlighting pay transparency in respect of salary scales within organisations. This Bill is an add-on to that legislation. It is envisaged it will improve the gender pay gap and any gaps in respect of pay for minorities and people who identify as LGBTI.

I became interested in bringing forward this Bill when I was returned to the Seanad in 2020. At that time, pay transparency laws were being introduced in Canada, which was one of the first North American countries to do so. I was looking at what was being done in Toronto at the time. Since then, there has been a huge wave of legislation introduced across Canada, with eight out of ten states now having pay transparency laws. Their laws differ somewhat from those in other jurisdictions, with some requiring that companies with more than 250 employees advertise their pay scales. In the United States, they have gone the other way, with pay transparency legislation in some states applying to companies with more than 15 employees.

In drawing up our Bill, Senator Crowe and I decided we would follow the discussions that are happening in Europe. The provisions will apply to companies with more than 50 employees, which means the Bill is very much a middle ground. We are not inventing the wheel here. Similar legislation is being introduced all across North America, and there is significant discussion going on in Europe.

Many people in industry will be looking at this Bill and may be concerned. Nobody likes change, but the old mantra that a change is as good as a rest comes to mind. Employers do not necessarily like change but there are a lot of known benefits to pay transparency legislation. It has been introduced across North America since 2021 and we have some data from that. We know pay transparency legislation attracts more talent. When a job is advertised with information on the pay scale, there are more applicants and a better quality of applicant. Young people these days are smart and do not want to have their time wasted. They do not want to have to wait until the end of a process to know how much they will be paid. Young people are sick of seeing references to a competitive salary. They want to know exactly what they are getting. Another major benefit of pay transparency is that it seems to be helping with employee trust. Existing employees can see what incoming colleagues will be paid, which helps to ensure everybody is on the same pay scale. The published information provides a good place to start negotiations. Organisations with pay transparency are starting to see much better staff retention and more engagement with senior management.

This legislation represents something new but not something bad. Employers, when they look at it, should not think it is something bad. Similar provision is being introduced all across the United States and Canada. In this country, many large organisations are going ahead of the law and already are publishing salary scales. They know that whether legislation comes in under this Government or further down the line by way of the European legislation that is in the offing, pay transparency is coming down the tracks.

It is important for the Seanad to lead the way on this issue. There is a great tradition in this Chamber of working for employee rights. The legislation introduced by Deputy Bacik, when she was a Member of this House, was game changing. The Seanad has a history of promoting employee rights and we should lead on this particular issue. We should not wait for European legislation to come down the tracks. The Bill is quite detailed and includes provision for other safeguards, such as ensuring employers cannot look for people's previous salary scale. The legislation has many positive provisions and I hope the Minister, even if he cannot take them on board wholesale, will accept as much as possible of what is proposed. I ask that we ensure the Bill is enacted as soon as possible. It is a small Bill but it will be very effective.

Anecdotally, I am aware that women are particularly affected by the lack of transparency around pay. Senator Crowe was driven from a different angle to introduce this Bill. For me, it was speaking to a number of friends who had applied for jobs that were advertised as offering a competitive salary. They might be offered the job at a salary of, say, €80,000, which is, of course, a lot of money. These are professional people, including lawyers going for in-house counsel jobs. The women are starting on €70,000 or thereabouts, whereas I am hearing the men going for in-house counsel jobs are getting six-figure sums. There is something amiss here, which is that there is a tradition in this country of paying women less than men. There is a pay gap across Europe of nearly 15%. This is just one example of it.

I hope the Minister will take these proposals on board and that the Bill passes Second Stage today and proceeds to Committee Stage. I hope my colleagues across the House will support its progression.

I welcome the Minister, Deputy O'Gorman, to the Chamber. The Remuneration Information and Pay Transparency Bill will level the playing field for jobseekers. As my colleague Senator Ardagh outlined, it can make a significant difference in helping to close the gender pay gap. Even more broadly, however, it will level the playing field for all employees, regardless of gender.

The Bill puts the responsibility on companies to set a pay mark, rather than the current system where it is prospective employees who often have to mention pay expectations first. That can be uncomfortable and unsettling for many people, both young and not so young. They are already nervous about the interview and preparing for it. They dread hearing a question about pay posed close to the end of the interview, as they do not wish to appear greedy, but they also want to receive a fair and balanced salary.

The Bill is relevant. Another significant point is that companies will no longer be allowed to inquire about the current or previous pay level of applicants. This is something that currently causes distress for jobseekers, as they feel it may significantly weaken their bargaining position. I believe it can also result in people receiving lower offers. If, for example, a company intends to offer a salary of €60,000 per year but hears the applicant is currently earning €45,000 per year, it may feel it can reduce what it intended to offer.

I have spoken to people, including family and friends, who have told me about applying for positions to move forward in their careers. They spend a few hours on their CV and covering letter and take a half day's annual leave to do an interview only to find out the salary for the new position is lower than what they currently earn. In that regard, the Bill will also be positive for companies, which will get a more suitable number of applicants. Senator Ardagh outlined that. Companies will no longer spend time on applicants who are ultimately not interested in the position. The applications they receive will be from those who are interested who will have a far greater knowledge of the position.

The Bill will also make a very positive impact on employees who do not wish to leave their current employer. When companies advertise a new position, those employees will be able to see how the new position measures up to their current salary, and if it does not, they will be in a much stronger position to speak up and to negotiate fairer balanced pay for themselves.

Similar legislation is currently in place in certain states in the United States, such as New York, Maryland and California, to name a few. Research there has shown that pay transparency has made a considerable impact in reducing pay inequality across genders and ethnicities. Many companies in the United States have adopted this practice despite being located in a state where it is not required. They do so because they recognise it is better both for jobseekers and for the company. It is a win-win situation. Pay transparency creates a culture of trust, which is important. It also enhances morale within the company and ensures staff are happier and more productive. Companies benefit from that in the long term.

This will also be a positive measure for all in the Irish economy - businesses and workers alike. Ireland can and should lead the way by being one of the first European countries to introduce pay transparency legislation. I am proud to have introduced the Bill this afternoon with my colleague Senator Ardagh.

Debate adjourned.
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