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

I thank Senators for the constructive spirit in which they have presented this amendment. Section 11(1)(a) states that one of the core functions of the workplace relations commission will be to "promote the improvement of workplace relations, and maintenance of good workplace relations", while section 11(1)(h) states that the commission shall "provide information to members of the public in relation to employment enactments". Essentially, the job of the commission will be to maintain good relations and to provide information to which people will have access. The difficulty I have with Senator Cullinane's amendment is that the legal obligations of an employer emanate from the Terms of Employment (Information) Act, which sets out what an employer is obliged to provide to each employee in a written statement of terms and conditions and so on. As already stated, when one enters the realm of putting in place an obligation to provide information on 30 items of legislation, one goes beyond what is reasonable both in terms of being absolutely bang up to date with the development of terms and conditions and also the obligation to provide such information.

The Senators make the point that the commission should examine how it will ensure that information will be accessible in the workplace. While I cannot commit the commission to a course of action in advance, it is clear from its terms of reference, particularly those set down at sections 11(1)(a) and (h), that this is the sort of area in respect of which it could become involved. I have no difficulty with the principle outlined by both Senators. What we are trying to do is make compliance the norm among employers and ensure that workers will be knowledgeable about what they have a right to expect, etc. That is the culture of what will be involved. However, taking the next step and imposing very explicit legal obligations regarding the provision of information in respect of the myriad legislation to which I refer - I must admit that I have difficulty recalling all of the Acts involved - would be to go beyond the bounds of what constitutes reasonable expectation. I will convey the Senators' views to the new commission in the spirit in which they were offered.