Tom Parlon (Laois-Offaly, Progressive Democrats)

The Civil Service, since May 2000, has operated a comprehensive policy on harassment, sexual harassment and bullying, entitled A Positive Working Environment, which was agreed with the Civil Service unions. The policy emphasises the right of every employee to carry out his duties free from any form of harassment, sexual harassment or bullying and commits the Civil Service to the development and maintenance of a working environment where all employees are treated with respect and dignity. The detailed policy document emphasises the responsibility of managers in ensuring that all staff are made aware of and comply with the policy and outlines the appropriate courses of action to be taken where a complaint of bullying and-or harassment is made by an officer.

The policy provides for the investigation of complaints by a person unconnected to the parties to the complaints and for the right to apply for a review of the outcome of that investigation by a third party who is chosen with the agreement of the unions and the personnel officer where either party to the complaint is not satisfied with the conduct or outcome of that investigation. The policy is clear that where a complaint is upheld, the personnel officer must consider whether in view of the nature of the complaint and the contents of the investigating officer's report, the subject of the complaints should be subjected to disciplinary sanction. Where this is the case, the full rigours of the disciplinary code apply.

The Bill provides the framework within which conduct and performance issues will be dealt with in the Civil Service and makes provision for the imposition of a range of disciplinary actions where allegations of misconduct have been upheld. It is normal practice in employment to develop internal procedures and policies in negotiation with staff unions to give practical effect to legislative provisions. The internal policies provide detailed procedures that ensure management maintains satisfactory standards of conduct and performance and staff are provided with access to procedures whereby alleged failures to comply with these standards may be fairly and sensitively addressed.

These internal procedures and policies are in line with codes of practice issued by the Labour Relations Commission under the Industrial Relations Act 1990 on grievance and discipline and codes of practice issued by the Health and Safety Authority on bullying and harassment. The procedures are kept under review in partnership with staff unions to ensure compliance with the codes of practice issued under the Safety, Health and Welfare At Work Act 1989, the Industrial Relations Act 1990 and the Employment Equality Acts 1998 and 2004. I am not prepared to accept this amendment.

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