Gerard Craughwell (Independent) | Oireachtas source

I call for the complete removal of section 72 because it provides a legal basis for the introduction of fees for lodging complaints. This is unacceptable. The experience of trade union colleagues in the United Kingdom is that fees have priced justice out of the hands of workers. The introduction of fees has played a role in removing workers' rights and research has shown this measure alone has resulted in a fall of 79% in overall claims before employment tribunals, with women and low paid workers most severely affected. It has been a bonanza for the worst employers, who can cheat workers out of wages. There was a decrease of 70% in the number of workers pursuing claims for non-payment of the national minimum wage in the UK and claims for unpaid wages and holiday pay have fallen by more than 85%. A report prepared by TUC found that many people are dissuaded from making claims because the cost of going to the tribunal is often more expensive than the sum of their outstanding wages.

The introduction of fees at any level and for any reason is opposed by the trade union movement under the auspices of ICTU, which fears that fees will be extended at some stage in the future. We previously discussed the issue of victimisation. Anything that deters a member of the public from bringing a case to an adjudication officer or the Labour Court should be eliminated. The Bill goes a long way towards opening up the process but fees should be opposed because they go in the wrong direction.