Verona Murphy (Wexford, Independent) | Oireachtas source

One of the main functions of the Workplace Relations Act 2015 was to establish the Workplace Relations Commission. Some of the functions of the commission are to promote the improvement of workplace relations and maintenance of good workplace relations, promote and encourage compliance with the relevant laws, provide guidance on compliance with codes of practice, conduct reviews of, and monitor, developments in regard to workplace relations, conduct or commission relevant research, provide advice, information and the findings of research to joint labour committees and joint industrial councils, advise the Minister for Enterprise, Trade and Employment on the application of, and compliance with, relevant laws, and provide information to the public on employment laws other than the Employment Equality Act 1998.

Reading through those functions, it seems clear, unfortunately, that we must prepare ourselves for the potential for the commission to become very busy with Covid-related employment issues. Covid-19 has created a unique scenario of unprecedented unemployment, State supports and workplace policies and procedures. Ultimately, I believe it will lead to unprecedented levels of workplace disputes. We must prepare for that, which means we must ensure the Workplace Relations Act is updated to address as many anomalies as possible. That seems to be the main aim of the amending Bill we are considering today.

I have taken advice on the proposed amendments set out in the Bill. It is vital, of course, that our employment-related laws are up to date and allow, as far as possible, for justice to be done in respect of workplace relations matters. We must ensure we have robust and fair procedures in place for employers and employees. One of the key changes contained in the Bill is a provision to allow evidence to be taken under oath. This is necessary where there is a conflict in evidence that is central to the case at hand. Currently, we have a situation where some employment laws provide that evidence may be taken on oath and some do not. Hence the requirement for the Workplace Relations Act to be brought into line with many other employment-related laws. This change is desirable because evidence taken on oath carries more weight and, if found to be false, leaves the person uttering the falsehood open to prosecution for perjury. Obviously, we want evidence given to be truthful. It is one of the principles on which our justice system relies. It follows logically that there must be some punishment, or potential punishment, for those who give false or untruthful evidence. Therefore, providing for evidence to be given under oath is helpful and welcome. Providing substantial punishments for those who commit perjury in workplace relations hearings is also welcome.

The Bill also contains a provision to allow hearings to be heard in public. To date, the WRC adjudication hearings have taken place otherwise than in public. As justice needs to be seen to be done, this amendment is desirable. The obvious concern is that anonymity goes out the door for the parties involved. It should be noted, however, that it is currently common for parties to be identified even where hearings do not take place in public. There is no provision in place to protect anonymity should it be necessary, given the circumstances, to do so. It is not suitable or proper for a one-size-fits-all approach to be taken when it comes to public hearings. I support the provision for appropriate cases to be heard in camerawhere that is necessary to protect a lawful and vital interest of a party or parties involved in the proceedings.

The experts in the field with whom I have discussed the Bill have suggested a number of provisions that were not included. Perhaps the Minister of State will take those suggestions on board and consider amending the Bill to include them. It was raised that external adjudication officers are currently, subject to the revocation provision, in role for life if they so wish. It was suggested that there should be a provision for three-year to five-year terms of appointment and that no officer would hold office for more than two terms. It is reported to me that many of the existing adjudicators are double-jobbing in that they are in the business of HR advisory and similar fields, as part of which they advise employers and employees on how to make a claim to the WRC. No adjudicator should be allowed to perform that type of advisory role. It is imperative for the future that adjudicators sign a declaration to say they will not directly or indirectly advise either employers or employees on taking WRC claims. As they will now be performing a judicial function, it would equally be completely unacceptable for a High Court judge to advise anyone to take a High Court claim.

The WRC was set up to eliminate the costs associated with court hearings. In a post-Covid era, it will be possible to continue arrangements for remote attendance and hearings. To facilitate this further, the director general should be given the power to decide whether a hearing is required or if a case be dealt with on submissions only. As it stands, the latter can only happen if both sides consent to it and subject to fair practice and procedures being in place. The director general can hear any objections raised but should ultimately be able to make a decision to the contrary, thereby saving time and money not just for the State but also for employers and employees. This would be mostly relevant to minor disputes such as cases based on payment calculations. Equally, all claimants would retain the right to be referred to the Labour Court in any case. These are practical measures to ensure costs are kept to a minimum and claims can be dealt with faster, thus saving the State, employers and employees money on all fronts.

Overall, I welcome the Bill and will support it. It is important that there be punishments for giving false evidence. Workplace disputes and cases can have serious impacts on businesses' and employees' future prospects. It is important, therefore, that there be laws in place to discourage the giving of false witness and encourage truthfulness. Openness and transparency are also very important when it comes to justice, but with important provisions for privacy where it is absolutely necessary to protect those involved.

See this speech in context