Dáil debates

Thursday, 12 June 2014

Protected Disclosures Bill 2013: Report Stage (Resumed) and Final Stage

 

2:10 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 46:

In page 24, line 18, after “parties” to insert “within 60 days of receiving the complaint”.
This is an issue we discussed specifically on Committee Stage. I gave the Minister a lengthy and specific example of why I was coming at the issue. I will explain the point in order that those who are following the debate will know what we are talking about. We are dealing with Schedule 2 which relates to redress for a contravention of section 12(1). This relates to complaints to the Rights Commissioner. There is a mechanism whereby following a complaint made, a Rights Commissioner can grant the parties a hearing and give a decision to be communicated in writing to the parties. As I am trying to allow a little time, I propose the insertion of the words "within 60 days of receiving the complaint".

I provided the Minister a specific reason for this, although there are examples everywhere. It can take a couple of years for a complaint to be dealt with by a Rights Commissioner because of a recalcitrant employer's refusal to attend, resulting in the meeting being postponed for six or 12 months, after which time the employer can pull the same stunt. This approach makes it difficult for a Rights Commissioner to conclude the work. I want to attach a timeline to the process, although I am not fixed on 60 days. If the Minister wanted it to be 160 days, I would accept it. Otherwise, the process could continue for years.

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