Alan Shatter (Dublin South, Fine Gael)

Amendment No. 12 inserts a new section in Part VI of the Bill, the effect being again to correct a typographical error in the context of the word "construed" in the existing Act of 1998.

Amendment No. 13 deletes subsection (2) in section 5 of the Act of 1998, which is now redundant. Subsection (2) makes reference to section 14 of the Employment Equality Act 1977 and orders made thereunder. Section 14 allowed the Minister, by order, to amend or repeal certain other Acts. However, each of the Acts therein referred to have been separately repealed by other primary legislation and the provision is superfluous. The Acts listed in section 14 of the Employment Equality Act 1977 are: the Condition of Employment Act 1936, repealed by section 9 the Organisation of Working Time Act 1997; the Shops Condition of Employment Act 1938, repealed by section 9 of the Organisation of Working Time Act 1997; the Factories Act 1955, repealed by section 4 of the Safety, Health and Welfare at Work Act 2005; and the Mines and Quarries Act 1965, repealed by section 4 of the Safety Health and Welfare at Work Act 2005.

I am sure Senators did not expect we would stray all the way into the Mines and Quarries Act 1965 when we were dealing with the Civil Law (Miscellaneous Provisions) Bill but it indicates the extent of what we do in tidying up areas of law.

Amendment No. 14, namely, the new section 18, substitutes a new section 4(A) in section 75 of the Act of 1998. The director of the equality tribunal currently has powers to outsource mediation and the amendment proposes to extend these current powers to permit outsourcing of the equality officer functions in investigating and hearing cases. The effect of this amendment is to facilitate a service model which would be more flexible in coping with fluctuations in demand and permit a greater geographical spread of locations where hearings might be held.

Amendment No. 15, namely, the new section 19, substitutes a new paragraph in subsection (12) of section 77 of the Act of 1998, again to correct a drafting error. The existing text of the 1998 Act refers to subsection (6) whereas the correct reference should have been to subsection (5). This amendment will bring that about.