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Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 4: In page 4, to delete line 34 and substitute the following: "employer’s case, and (d) employers who are party to a collective agreement negotiated with a recognised trade union or staff association to consult with the trade union or staff association concerned both prior to and following upon the publication of the information referred to in this section."

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 5: In page 4, to delete lines 38 to 41, and in page 5, to delete lines 1 to 10 and substitute the following: "(3) Regulations made under this section shall not apply to an employer having fewer than 20 employees.".

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: Again, this amendment arises from the debate on Committee Stage and this issue has been debated extensively over the years since I first introduced gender pay gap legislation in this House. As soon as it was enacted, my Bill would have applied to all organisations with 50 or more employees. In that regard, we were simply taking the model of the Irish Human Rights and Equality Commission...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: Well said.

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I thank colleagues who have spoken on the amendment. In particular, I acknowledge, as Senator Pauline O'Reilly said, that this is historic and I very much welcome the legislation. I will absolutely be working constructively with the Government to ensure it passes swiftly. I assure the Minister of that. I will not seek to delay it in any way. Reflecting on the comments of Senator Pauline...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 6: In page 5, line 11, to delete "may" and substitute "shall".

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: These amendments seek to create more peremptory language on the regulations, and that regulations shall prescribe the form and manner in which information is to be published. Again, it is to address the issue I raised on Committee Stage. This is very much a facilitative Bill and does not provide very much by way of detail as to how the regulations will take effect, what duties will be on...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I thank the Minister but I respectfully disagree. Section 20A, as he Minister said, sets out the content of the information and it is great that we have this clarity but the lack of clarity I am referring to is about how it is to be conveyed. Let me put these questions. Will it be on a website? The Minister clarified on Committee Stage that the information would be generated on our...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 7: In page 5, line 22, to delete "may" and substitute "shall".

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 8: In page 5, line 23, after "manner" to insert "(which shall include, if the employer concerned maintains a website, publication on that website)".

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: This amendment is related to amendments Nos. 6 and 7 and later amendment No. 9, in which we are seeking to establish a little more detail and clarity on how the legislation will take effect. I thank the Minister for confirming that there will be a centralised website. My question is in regard to who will administer that website. Under whose auspices or remit will it fall? Will it be...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I thank the Minister for his response. If I understand correctly, the website will be under the remit of his Department, although there is still a lack of clarity on that. I was struck by the fact that, as a colleague has pointed out, while it will be this Minister making the regulations, the Bill provides for whoever the Minister is to have the power make regulations. There may be too...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 9: In page 5, lines 23 and 24, to delete “(which shall not be more frequent than once in each year)” and substitute “(which shall be at least annually)”.

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: The same principle underpins this amendment. It seeks to establish a little more clarity as to the detail of the process by which employers will publish information. Again, the current wording is rather vague. It reads "which shall not be more frequent than once in each year". We are saying that it should be "at least annually". This would give employers and workers alike a little more...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 10: In page 5, line 27, after “relates” to insert “and their recognised trade union or staff association (if any)”.

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: We have debated this already.

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I move amendment No. 12: In page 11, line 7, after “request.” to insert “This subsection is without prejudice to the entitlement of the Commission to exercise its powers under this section in any such case of its own motion.”.

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: This amendment speaks to the enforcement powers, a crucial aspect of the Bill. I was initially somewhat critical of this. Our original Bill had provided for more extensive enforcement and accountability powers through building on the legislative framework for the Irish Human Rights and Equality Commission, IHREC. While I welcome the fact that section 5 of the Government Bill will give a...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: I thank the Minister for confirming again that IHREC will retain the power to intervene of its own accord and of its own motion. That is very important. It may prove to be very important in ensuring the legislation's effectiveness in the future. When drafting our own Bill on the gender pay gap four or five years ago, the Bill introduced in this House in May 2017, we were very conscious...

Seanad: Gender Pay Gap Information Bill 2019: Report and Final Stages (5 Jul 2021)

Ivana Bacik: Now.

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