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Workplace Relations Services Provision

Dáil Éireann Debate, Tuesday - 29 January 2013

Tuesday, 29 January 2013

Ceisteanna (373)

Seán Kyne

Ceist:

373. Deputy Seán Kyne asked the Minister for Jobs, Enterprise and Innovation if he will provide an update on the creation of the new Workplace Relations Service; and if he will indicate when this service will be operational. [4427/13]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to the reform of the State’s Workplace Relations Services. The Reform Programme, which I am progressing, will replace the current outdated system, which has developed in an ad hoc manner over the last sixty years, with a new two tier structure that will deliver a world-class Workplace Relations Service.

I am happy to report that substantial progress has been made to date and a number of important priority actions have been successfully delivered within the target timescale. These include:

- Two public consultation processes have been completed and two policy papers published (Blueprint to Deliver a World-Class Workplace Relations Service (Blueprint) in April, 2012 and Legislating for a World-Class Workplace Relations Service in July, 2012).

- A new single contact portal called “Workplace Relations Customer Services” has replaced the five separate entry points resulting in complaints being acknowledged and employers notified of complaints in a much speedier fashion.

- There are now no backlogs for Rights Commissioner hearings.

- A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use. It will shortly be possible to submit this form online.

- A new workplace relations interim website is in place and design of the final site is at an advanced stage.

- A pilot Early Resolution Service is now seeking to resolve disputes at an early stage without the need for adjudication.

- A major Business Process Review is at an advanced stage. This will identify the procedures, processes and systems which will underpin the new structures.

- Responsibility for the Equality Tribunal (but not including the policy functions of the Minister for Justice and Equality concerning equality) was transferred from the Minister for Justice and Equality to myself with effect from 1 January, 2013.

My intention is to continue to progress the reform programme. The next major step is to establish a two-tier Workplace Relations structure. This will involve two statutorily independent bodies replacing the current five. We will have a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court. The WRC will replace the LRC, NERA, the Equality Tribunal and undertake the first instance functions of the EAT. The Labour Court will take on the appellate functions of the EAT.

While considerable progress has been achieved to date on an administrative basis, completing the proposed reform requires the enactment of detailed legislation. This is necessary in order to provide the statutory basis for the new structures and processes. A significant amount of work has been completed on the preparation of the Workplace Relations Bill which will give statutory effect to the Reform proposals. In July 2012, I published a policy document – Legislating for a World Class Workplace Relations Service - which was submitted to the Oireachtas Committee on Jobs, Enterprise and Innovation in order to give the Committee an early opportunity to shape the legislation. I had a constructive dialogue with the Committee on the basis of this document.

Enactment of the Bill will necessitate amendments to 22 primary acts, 12 specified parts or sections of acts and 71 statutory instruments. The Scheme of the Workplace Relations Bill was approved by Government, in July 2012, for priority drafting. The Cabinet also approved the inclusion of the Workplace Relations Bill on the Government's A-list of legislation planned for the Spring 2013 Legislative Programme. I am committed to enactment of the legislation at an early date, with a view to having the proposed new structures in place in 2013.

Pending the enactment of the legislation, I intend to continue to progress the reform and bring about further enhancements for users of the services on an administrative basis in the coming months. These include:

- Establish a Single Hearings Management and Scheduling Unit.

- Establish a Single/Shared Corporate Services Unit for the Workplace Relations Bodies.

- Provide a version of Workplace Relations Complaint Form that can be submitted online (e-Complaint Form).

- Enhance Adjudication Arrangements and reduction of backlogs in the Equality Tribunal.

- Develop and deliver an accredited training programme for Adjudicators.

- Implement new business processes in the Workplace Relations Bodies.

- Implement a Code of Practice and Conduct for adjudicators.

- Introduce standard templates for Rights Commissioners’ decisions/Equality Tribunal and EAT Determinations.

- Review and revise, as necessary, existing statutory instruments (SIs).

- Rationalise hearings venues.

- Develop a Single Determinations Database.

- Put in place a Single Complaints Management System.

I am determined to progress the next phase of the reform and the enactment of the legislation with the same determination and priority that has delivered excellent results to date.

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