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

This would add an unnecessary complication to the system where in practice a notice will be sent in advance of the expiry date. The Senators' amendment would introduce a further unnecessary administrative burden on the workplace relations commission and-or the Labour Court in dealing with complaints in respect of which the complainant has failed over an extended period to manifest any intention of prosecuting. The introduction of such an additional administrative layer and the consequent extension of the period for which an unprosecuted complaint would remain open is not desirable in the context of a new system, which is premised on the efficient processing of cases from the perspective of both complainants and respondents. As drafted, the section empowers, but does not compel, the director general of the Labour Court to strike out a complaint or appeal that has not been prosecuted for a year or longer. In each case, he or she must be satisfied that the complainant or appellant has not pursued the complaint or appeal for the specified period. How he or she will seek to establish this to be the case in practice is an administrative burden. A letter will be set out in normal course saying the deadline is such and such and requiring a new loop in the process would be an unnecessary addition bearing in mind the complainant has left a long time lapse.