Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 50:

In page 55, after line 42, to insert the following:"(e) the Chairman of the Labour Court for the purposes of having any particular case dealt with may -

(i) appoint a person or persons to be a temporary member of the Labour Court,

(ii)appoint a person or persons to be a temporary Deputy Chairman of the Labour Court,

(iii)the Minister shall from time to time nominate a body of persons who may be appointed as a temporary member of the Labour Court or a temporary Deputy member of the Labour Court on such terms and conditions as he or she may determine,

(iv)any person who may be nominated as a temporary member of the Labour Court or temporary Deputy Chairman of the Labour Court shall be appointed to a list of persons whom shall be reviewed every five years. Any person nominated by the Minister shall be subject to a nomination from the Public Appointment Service and the production by the 31st March in each year of a certificate from the Revenue Commissioners confirming compliance with the Taxes Consolidation Act 1997 (as amended).”.

The chairman of the Labour Court lacks the power to nominate other persons in the event of a conflict of interest. Equality legislation gives such powers to the director of the Equality Tribunal but they are not provided elsewhere in legislation. The number of members of the Labour Court will be relatively small and problems arose in the past where members knew one of the parties involved. A completely independent division should be appointed for the purpose of ensuring a completely fair hearing. It could arise, for example, that a member of the workplace relations commission brings a claim. Members of the Labour Court would know this individual from meeting him or her on a daily basis but they would have to hear the case despite the possible perception of prejudice. The Labour Court considers matters impartially but even in the High Court judges excuse themselves. There are sufficient judges to avoid any perceived prejudices but with only four divisions in the Labour Court, there is potential for every member of the court to know a particular employee or employer.

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