Gerald Nash (Louth, Labour) | Oireachtas source

The proposed amendment to include additional subsections in section 19 appeared to be based on a misunderstanding of the nature of codes of practice that have developed and been applied in industrial relations employment arenas. They have been developed as general guidance to employers, workers and their representatives. While compliance or non-compliance with such a code is a matter that may be admissible in evidence in proceedings before adjudication officers or the Labour Court, it would not be in keeping with the established character of those codes to make them enforceable at the direction of the Labour Court or any other body. As the Deputy is aware, codes of practice normally refer to best practice in the workplace. It is not the purpose of such codes to regulate the conduct of proceedings in the first instance or on appeal. Therefore, there is no basis for including a provision such as that proposed by Deputy Wallace to give the Labour Court a specific power to direct a party's representative to comply with a code of practice. Accordingly, I will not accept the amendment.

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