Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank Senator Bacik for the detail in these amendments and in so many of the amendments she has proposed today. As I said to a gentleman in Sandymount yesterday, it would almost be a pity to lose her from this august House. Indeed, I said that to quite a few ladies and gentlemen in Sandymount yesterday.

I appreciate what the Senator is trying to do by strengthening the role of trade unions in this process. Of course, trade unions have an incredibly important role in the context of vindicating the rights of workers. As I said, I have engaged extensively with ICTU, SIPTU and the FSU, on this legislation and other aspects of my Department's remit. As the Senator knows, there is a proposal for an EU directive to strengthen the application of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms. Within that directive, there is an enforcement mechanism which envisages a clear role for workers' representatives acting on behalf of workers who experience pay discrimination and collective claims on equal pay. That directive is under negotiation at the moment. We do not know what the final outcome will be and we do not know what impact it will have on our legislation when it is brought into force. I do not want to presuppose the content of the final directive or how best to enact it in domestic law, and I do not think anyone is suggesting that we delay legislation that has already had a very lengthy incubation period at this point.

Furthermore, amendment No. 11 seeks to insert a paragraph (d) into section 20A(1) that would require employers who are party to a collective agreement with a recognised trade union or staff association to consult the trade union or staff association concerned prior to, and following, the publication of the information referred to in section 2. We are a bit concerned about the lack of information on the purpose of that consultation, as the amendment is silent on that point. There is nothing in this Bill that would preclude such meetings going ahead but if we were to put something like that into the legislation, the purpose of the consultation would need to be clearly expressed within it.

Amendment No. 27 seeks to amend section 20A(5) and insert a line providing that gender pay gap information be published in such a way as to bring it to the attention of trade unions and staff associations. I have already indicated that we will create a website that will make the information being published accessible to everybody, including workers' representatives within the trade unions. As such, I do not believe this amendment, with respect, adds a huge degree of value. By virtue of the fact that the information will be published in such a way that it can be brought to the attention of employees and the public, which the subsection already provides for, it will come to the attention of trade unions and staff associations, as they are members of the public.

These amendments are not particularly necessary and would not add a huge amount of value at this point. We must also have regard to whatever requirements come from the negotiations at EU level about the equal pay directive as regards what provisions we adopt. The Government will respond to that once it comes into force.