Oireachtas Joint and Select Committees

Wednesday, 5 May 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations (Miscellaneous Amendments) Bill 2021: Waiver of Pre-legislative Scrutiny

Ms Tara Coogan:

We are in a situation where the Supreme Court, as the ultimate supervisory body, has spoken and we must comply with its requirements. There is simply no way around that. The Supreme Court has given us quite a bit of leeway on how to do this. We can do it in a way that will be fair and will address any genuine and real concerns out there. For example, on the idea that hearings would be in public, the reality is that hearings are currently held like this meeting. A person could, in writing, ask the WRC to sit in on a hearing, albeit remotely. Most people who ask to sit in on hearings of this nature are family members, and sometimes it will be a member of the media. I do not believe this will become a place that is overrun by members of the public observing proceedings. There is sometimes a benefit to hearings being held in public.

We are giving broad discretion to the adjudication officer, the fundamental decision maker and the person who is in control of the facts of a particular case, to address issues such as anonymity and privacy. I want the committee to understand that the WRC has done Trojan work trying to catch up with Covid-related delays. It has carried out extensive consultations with stakeholders and has done whatever it could to put in place a very effective remote hearing system. When we had this decision, the WRC had just started scheduling very large numbers of cases and for once it did not have the constraints of room availability, etc. As such, there are some benefits to this type of scenario. Unfortunately, there will be disruptions but I am sure that once we get over the initial changes and the shock they will bring, as well as the unfortunate delays, the WRC will be in a position to resume hearings again. As I said, there will be some cases in which, in the interests of justice, it will be necessary to start again. I appreciate that will be very frustrating for parties. I hope they will understand. The WRC is communicating with everybody, as much as it can, about this particular situation.

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