Paudge Connolly (Cavan-Monaghan, Independent)
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Question 70: To ask the Minister for Enterprise, Trade and Employment the steps he proposes to take to address the serious problem of bullying in the workplace; his proposals to introduce new legislation to implement the recommendations of the expert advisory group on workplace bullying; and if he will make a statement on the matter. [37972/05]

Tony Killeen (Clare, Fianna Fail)
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In August 2004, my predecessor, Deputy Fahey, established a widely representative expert advisory group on workplace bullying, the terms of reference of which were to advise and report on the effectiveness of measures concerning the prevention of workplace bullying, the identification of improvements in procedures and how to address the contribution made by bullying to the incidence of workplace stress. I launched the group's report on 17 August 2005, a copy of which is available free of charge on my Department's website, www.entemp.ie. The principles laid down by the group in its report will underpin future consideration of the issue by the Government, as anything less is not acceptable in a fair, safe and equitable workplace.

The key recommendation of the expert advisory group is that legislation be brought forward to deal with workplace bullying. This legislation should apply to all employees in the workforce, irrespective of employment status. Following publication of the report I sought and obtained the views of the social partners on this matter. In September, as part of the follow up consultation process, my Department used the national newspapers and my Department's website to seek the views of interested parties on how best the recommendations of the group might be implemented and received 15 submissions.

My Department is currently implementing the group's recommendation to conduct a follow up survey on workplace bullying, which will be similar to the survey conducted for the last report on this subject published in 2001, in order to obtain an up-to-date picture of the incidence of the workplace bullying. The tender process for the award of a contract to conduct the survey is nearly complete. I expect the successful tenderer to start the survey in January 2006 and to complete it within as short a timescale as possible. I intend to publish the results of the survey and to bring it to Government along with the views of the social partners and other interested parties for decision.

Paudge Connolly (Cavan-Monaghan, Independent)
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I thank the Minister of State for his answer. References to bullying conjure images of the intimidation that takes place in school yards, events from which we mature and move on. However, I am sure the Minister of State will agree that bullying can be subtle and difficult to quantify in terms of hard evidence. Does he agree that bullying is a serious problem in workplaces? A SIPTU survey indicated that 87% of workers were aware of bullying. I am not sure whether we need more surveys to prove that bullying exists because it is an issue that concerns all grade of workers. It not only affects children in school yards but also blue and white collar workers on factory floors, in the health and public services and at departmental levels.

Some of us may be fortunate enough to be able to request and receive a transfer out of a bullying environment but the bully often remains. Many cannot transfer and must stay in their positions to endure further torture. Does the Minister of State equate bullying with anti-social behaviour? He should consider imposing ASBOs on perpetrators.

He referred to the expert group's report on workplace bullying, which called for strong action by the State. What action is being proposed by the Department and how soon will it take place? What will be done to take care of company directors, senior managers in the public service and workers across the entire sphere? Has the Department examined the experience of Sweden, which has a clear framework of legal guidelines for dealing with bullying behaviour and ensuring dignity at work. Will management agree that bullying can have a severe effect on productivity within the workplace, lead to increases in sick leave and stress levels and cause workplaces to become dysfunctional?

For some, the thought of going to work is a cause of additional stress. They watch the time until they can leave, whether that involves days, weeks or years. They are in environments from which they cannot escape and urgent action should be taken to help them.

Tony Killeen (Clare, Fianna Fail)
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I concur with Deputy Connolly that this is a serious issue. It is important to remember the principles that arose from the group's report, which stated that workplace bullying is unacceptable in all circumstances, that management is responsible for ensuring that such behaviour is not tolerated and that incidents of bullying should be adequately addressed and brought to a fair and conclusive resolution in a timely manner. The expert group recommended legislation on that basis.

The reasons for updating the survey are simple. The 2001 report suggested that 16% of people in the workplace were at some time subjected to bullying and it is important to establish whether the perception that bullying is on the increase is correct. The qualitative issues which arise in terms of bullying must also be established.

The Deputy is correct in noting that this matter can beset all grades. It is a mistake to assume that all incidents of bullying involve management or senior staff bullying others at a lower grade. In fact, bullying often occurs within the same grade and apparently there are occasional instances of harassment by lower grades of more senior staff. Complex issues are, therefore, at play. It undoubtedly has a negative impact on productivity and gives rise to problems for industry in terms of sick leave and related areas.

Paudge Connolly (Cavan-Monaghan, Independent)
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Will the Minister of State agree that when victims report incidents of bullying, this can lead to further harassment? An urgent need exists for some form of policy which will outline harassment and intimidation at work. Victims are often caught in a trap because they cannot report or fear incurring further bullying.

Tony Killeen (Clare, Fianna Fail)
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The finding of the report is that additional work needs to be done, the most important of which is the introduction of legislation. With a view to bringing this forward, I have consulted the social partners and received 15 submissions. I hope to be in a position, following the findings of the survey, to bring proposals to Government.