David Norris (Independent) | Oireachtas source

I move amendment No. 24:

In page 21, between lines 5 and 6, to insert the following:“(10) The Chairman of the Labour Court may require any representative, of a complainant or respondent, for gain, to comply with any code of practice made by the Commission under subsection (1)(a) of this section."

This concerns the direction as to the manner in which business should be conducted, particularly by people who are not solicitors or barristers. There are many representatives plying for trade and providing services for gain in the employment area, which is a growth area. By no means all of them are professionally qualified in the manner that one would assume. Some are regulated - for example, solicitors and senior counsel - while others are not. A number of cases have to be adjourned before Rights Commissioners and the Labour Court because relevant documentation or procedures are not complied with, despite the fact that parties would be advised of what they need to bring to any hearing. Where a code of practice is put in place, it seems reasonable that, where an individual or entity is providing services for gain, the Labour Court can direct the manner and basis on which they will act and that it would be enforceable by the Labour Court against the individual. It would be a cost saving to the State, employers and employees where their representatives who are providing services for gain do not comply with a code of practice, as it would be a control element for the court. This would maintain good standards of practice for people who are not legally qualified, a number of whom are plying for trade.