Seanad debates

Tuesday, 18 July 2017

Mediation Bill 2017: Second Stage

 

12:00 pm

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

I compliment the Minister on the work he did as Minister for Foreign Affairs and Trade. I attended many meetings in Brussels, Malta and Sicily and noted the work he did on preparing Ireland for Brexit must be recognised. I thank him for that. I wish him well in his now tough post in the Department of Justice and Equality. No doubt we will meet over the coming period.

I am delighted to see this Bill in the House and I compliment the Minister for introducing it. I have a couple of small issues. My colleague Senator Bacik just dealt with one of them, the fact that anybody can stick a sign outside the door stating "Mediator". In my time in the trade union movement, particularly while I was president of the union, I always believed that where people spoke to one another, there was a chance to kill off a problem and to bring in mediators quickly. Sometimes, however, we saw the employer go for the cheap option of bringing in a retired principal who would understand the situation and people. That is why the establishment of the council is vital. People say we have too many quangos, which may be true, but this is one quango that would be well justified.

I hear people talking about the Bar Council. One of the first things I did when elected was a Senator was visit the Bar Council. I went down to the Law Library and met its members there. I spoke about the need for them to put in place mediation training for many of the young barristers who are probably finding it hard to make a living. There is a considerable amount of mediation work available. I agree with my colleague Senator Bacik that we could put ourselves front and centre as a mediation centre for international disputes. I will not impede the Bill going through the House but I urge the Minister to consider immediately the establishment of the council as soon as the Bill is passed. It would be work well done.

Professional training needs to be underpinned. We need to be sure it is not just a matter of some fellow who has a bit of experience down through the years. We need to have professional mediators put in place. When president of the Teachers Union of Ireland, I encountered a particular issue requiring mediation. It took 15 months to get two men to stand beside each other and shake hands. That was a major achievement. The mediator involved was an incredible character, as one would have realised if one had known the case. I will not get into it here.

I ask the Minister to ensure a council will be put in place, that it will set standards for mediators, that there will be compulsory continuous professional development available for mediators and that the council will be professional. Regarding the Statute of Limitations, already mentioned by Senator Burke, I would not like to see mediation continuing indefinitely. Senator Burke was talking about periods of two years, 16 years and all sorts of times. If one enters into mediation, there should be a closing-off time. The idea that it might go on forever is one I am sure the Minister will be considering. Overall, I compliment the Minister on this Bill. I hope it is passed over the next couple of days. It is badly needed. I thank the Minister for taking the time to come here.

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