Richard Bruton (Dublin North Central, Fine Gael)

I assure the Deputy that that is not the intention. We are seeking to simplify procedures in the workplace relations commission. For example, we want to ensure, when a person makes a complaint, that within days the employer will be informed and have an opportunity to rectify or clarify the matter. This would be an early resolution phase. If the matter cannot be resolved, it can go for adjudication. In the past in the case of a registered employment agreement, the only route was a hearing in the Labour Court or with the rights commissioner in other cases. A queue would form for hearings before an issue could possibly be simply unravelled. This also led to long delays and when cases were finally vindicated, it was often too late to be an effective remedy.

We are seeking to streamline the approach and ensure issues can be dealt with, where possible, at the least complex level. We are examining better mechanisms for the NERA to take enforcement measures at lower levels, thereby not necessitating going to the Circuit Court. I will have proposals on the workplace relations legislation to take to the committee soon and, I hope, from that I can take up the Deputy's suggestion for improvement as he has considerable experience in this area.

On the point of access to the NERA, it is the case that individual employees are a key driver in bringing complaints to rights commissioners for breaches of conditions. However, the NERA is still engaged in the strategic enforcement and inspection process for breaches in compliance with employment rights generally and registered employment agreements. It will be empowered to pursue prosecution for breaches of employment regulation orders and registered employment agreements under the new proposals. The practice has been for it to immediately inspect and short-circuit many complaints. This has resulted in a more effective response where people are willing to be compliant. There are problems, however, where employers are not compliant and will not accept findings. I hope to return to this subject soon when I bring the draft workplace relations legislation to the committee for discussion.

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