Gerald Nash (Louth, Labour) | Oireachtas source

Amendment No. 7 seeks to include a prohibition on the blacklisting of a worker in the anti-victimisation provisions in section 19 if workers are covered by an SEO. The blacklisting of persons, for whatever reason, is an abhorrent practice, particularly for those exercising their rights regarding their remuneration or terms of employment. If there is evidence that this is a widespread practice in Ireland, I will move on it, but, to date, I have heard no evidence that it is and in my daily contacts with trade union officials the issue has not been raised with me. The Senator appears to have suggested he is aware of some cases of blacklisting. If he is, perhaps he might bring them to my attention in whatever way he wishes. The issue could and should be addressed. However, it is unwise to address such a fundamental issue in a piecemeal manner, as suggested in the amendment. If action is needed in this area, it will have to be addressed in the round and the context of the suite of industrial relations and employment legislation.

The purpose of amendment No. 8 is to add trade union membership or activity to the activities in respect of which an employer may not penalise a worker to whom an SEO applies. A number of protections are in place for workers who consider they have been subjected to victimisation in the workplace. Any worker who finds himself or herself the subject of victimisation already has the opportunity to take a case under the Industrial Relations Acts.

The 2004 code of practice on victimisation provides that, where there is a dispute in an employment where collective bargaining fails to take place and where negotiating arrangements are not in place, no person should be victimised or suffer disadvantage as a consequence of his or her legitimate actions or affiliation arising from that dispute. A procedure for addressing complaints of victimisation is set out in the Industrial Relations (Miscellaneous Provisions) Act, 2004 and these protections will be further enhanced in the provisions in Part 3 of the Bill in regard to the Government's commitment on collective bargaining. I welcome the Senator's reference to it, but, given what I have said, I cannot accept the amendments.