Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 7:

In page 21, between lines 5 and 6, to insert the following:"(10) The Chairman of the Labour Court may require any representative, of a complainant or respondent, for gain, to comply with any code of practice made by the Commission under subsection (1)(a).

(11) A representative for gain shall include but shall not be limited to counsel, solicitor, trade union or employer representative body with a negotiating licence, a body corporate or unincorporated body or individual including but not limited to any insurance company but shall not include any unincorporated body or incorporated body which does not provide services for any fee or reward, premium or annual or other premium or fee.".

This matter was drawn to my attention by the Employment Law Association of Ireland, ELAI. Many representatives provide services for gain in employment forums. Some are regulated, such as solicitors and counsels, but others are not. Many cases must be adjourned before Rights Commissioners and the Labour Court where relevant documentation or procedures are not complied with despite the fact that parties are advised of what they must bring to hearings. Where a code of practice is put in place, it seems reasonable that the Labour Court should be able to direct and enforce the manner and basis under which individuals or entities providing services for gain act. This would be a cost saving to the State, employers and employees where representatives who are providing services for gain do not comply with a code of practice, as there would be a control element for the court.

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