Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

A lot of thought went into this and the approach was that the first instance proceedings should be held in private and the appeal to the Labour Court in public, unless there were exceptional circumstances. This is what is provided for in amendment No. 98. I can give the detailed response to Senators. The question of whether first instance proceedings should be heard in private or public was the subject of considerable consideration by my Department during the various consultations it conducted with interested parties prior to the drafting of the Bill. The overwhelming consensus was that first instance matters ought to be continued to be heard otherwise than in public, as is the case with matters that come before rights commissioners or an equality officer. To introduce a provision whereby the adjudication officer hearing a complaint at first instance or the parties themselves could determine otherwise would be to introduce unnecessary contributions into the process, which would give rise to a judicial review. In order to ensure compliance with a party's entitlements under Article 6 of the European Convention on Human Rights, ECHR, when an issue of legal entitlement is disputed, I am advised that appeal hearings by the Labour Court must be conducted in public. Labour Court hearings dealing with appeals of a workplace relations commission, WRC, adjudicator in employment rights and equality cases will be held in public, thus ensuring compliance with the requirements of Article 6 of the ECHR, other than cases in which there are exceptional circumstances justifying a departure from this practice such as a complaint of discrimination on disability grounds or cases involving allegations of sexual harassment. I accept hat the current wording of section 45 does not make it clear that the Labour Court will have the power to hear cases in private in exceptional circumstances. I am, therefore, bringing forward amendment No. 98 to make it absolutely clear that the Labour Court will have the power to hear a case in private in exceptional circumstances. Hearings dealing with disputes of interest - this pertains to industrial relations - will continue to be heard in private by the Labour Court.