Gerald Nash (Louth, Labour) | Oireachtas source

Amendment No. 10 seeks to include a prohibition on blacklisting of a worker in the anti-victimisation provisions in section 19 for workers covered by a sectoral employment order, SEO. We can all agree that blacklisting of persons, for whatever reason, is an abhorrent practice, particularly regarding people exercising their rights regarding their remuneration or terms of employment. If there is any evidence that this practice occurs in Ireland - I have received no evidence or information on it - I will move on it. In my daily engagements with trade union officials and representatives working with people across the country, it has not once been raised with me in my role as Minister of State with responsibility for business and employment. If anybody has information or evidence suggesting the practice is ongoing in Ireland, Deputies and others are duty bound to report it to the authorities and may make reference to this in the House. If the practice were happening, I would be one of the first people to be informed. It is unwise to address any such fundamental issue in a piecemeal manner, as the amendment would suggest. However, if action were needed, it would need to be examined in the round and in the context of our suite of industrial relations and employment legislation. We need to keep a vigilant eye on the entire area. We are aware of the practice from some high profile cases in the UK and I agree it is an insidious and horrendous practice.

The purpose of amendment No. 11 is to add trade union membership or activity to the activities in respect of which an employer may not penalise a worker to whom an SEO applies. A number of protections are already in place for workers who consider they have been subjected to victimisation in the workplace. Any worker who has been victimised already has the opportunity to take a case under the Industrial Relations Acts.

In addition, Members will be aware of the 2004 code of practice on victimisation, which provides that "Where there is a dispute in an employment where collective bargaining fails to take place ... no person ... should be victimised or suffer disadvantage as a consequence of their legitimate actions or affiliation arising from that dispute." A procedure for addressing complaints of victimisation is set out in the Industrial Relations (Miscellaneous Provisions) Act 2004 and these protections will be further enhanced in the context of provisions in Part 3 of this Bill in regard to the Government's commitment on collective bargaining. Accordingly, I cannot accept these amendments.

See this speech in context