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

The provisions of this subsection, as published, created some ambiguity about the range of persons who would be permitted to accompany or represent a complainant or respondent at proceedings before an adjudication officer and the Labour Court. The wording, as published, also could be read as vesting in the adjudication officer or the Labour Court the power to determine whether a particular person could accompany or represent a party appearing before him, her or it. This was not intended. However, I am satisfied that the amendment which I have already have to this subsection in the Dáil removes the ambiguity in both respects by specifying in detail the full range of persons by whom a party may choose to be accompanied or represented and by identifying carefully the specified matters in which an adjudication officer or the Labour Court may exercise discretion, that is, in accepting whether a body that purports to so do, in fact, represents the interests of employers and whether, in respect of a particular complaint, it is appropriate to permit some other person who does not come within the categories listed at paragraphs (a) to (d) to represent a party in respect of that complaint.

I am also bringing forward the further amendment to section 42(11) on Committee Stage in the Seanad to clarify that the provisions of this subsection on the right to representation at hearings before the adjudication officer and the Labour Court apply equally to both complainants and respondents. I am bringing forward this amendment to remove any possible misinterpretation of the current wording.

Amendment No. 101 is a similar amendment to amendment No. 85 and makes provision for a new subsection (13) in section 45 that expressly sets out rights of parties in an appeal before the Labour Court to be represented by a representative of their choice.