Seanad debates

Thursday, 19 February 2015

Workplace Relations Bill 2014: Committee Stage

 

10:30 am

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

On amendment No. 15, I appreciate the Minister stated that it is catered for in other legislation. The legislation before us is attempting to bring together all the strands which have made industrial relations confusing and difficult for people to pursue claims. They have not been sure whether something belongs rightly with a rights commissioner, the Labour Court or the EAT. This legislation provides a huge amount of clarity for trade unionists, legal firms and employees. An individual in his own right will be able to approach a single entity and pursue their rights through it. Notwithstanding the fact that the provision is in another Act, I believe in my heart it would no do harm to have it incorporated in this Act for clarity purposes.

The same applies to amendment No. 16. We clearly have a difference in legal opinion here in so far as the amendment that has been proposed by Senators Norris and Cullinane and me has come from an impeccable legal source. This is where we run into the difficulties of legal opinions in the drafting of legislation. It would be terrible to think that this will all finish up in the High Court some day as someone tries to sort out whether that paragraph should have been included in this legislation. I ask the Minister to think on it a second time.

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