Tony Killeen (Clare, Fianna Fail)

On Committee Stage I undertook to write to Deputies Howlin and Hogan on various issues raised which were relevant to these two amendments, and I wrote to both Deputies last week. The Bill provides in section 12 and Schedule 3 for many of the matters raised in Deputy Howlin's amendment in particular. The Bill provides for the right of employee representatives to make a complaint to a rights commissioner if they believe they have been penalised by an employer under section 13. The Bill has already provided that an employer shall not penalise an employee's representative — it is an offence for an employer to do so. However, an amendment on Committee Stage in the Seanad, tabled by Senators O'Toole and McDowell, called for redress procedures to be provided for in the Bill, and I took that on board following the case made by them.

In essence, the Bill now provides that employee representatives who believe they have been penalised can make a complaint to a rights commissioner, whose decision can be appealed to the Labour Court and enforced by the Circuit Court. In the case of non-compliance with the rights commissioner's decision, the decision can be referred directly to the Circuit Court for enforcement. A rights commissioner can now order the employer to pay compensation up to a maximum of two years' remuneration and in cases of non-compliance, the Circuit Court may order the payment of interest. All this arises from the amendments which I effectively accepted from Senators O'Toole and McDowell in the Seanad. I set out ancillary points in my letter but that deals with the principal concern of Deputy Howlin in that regard.

With regard to Deputy Hogan's concern, the current text of section 13 does not allow trivial or vexatious claims to be made to a rights commissioner. It is a fairly difficult balance to strike but in view of the system in place and the fact that appeals can be made to the Labour Court, with enforcement by the Circuit Court, people will be more than a little reluctant to go down that road. We have struck a reasonable balance with what we have provided.

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