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

I thank the Senator. The proposed amendment to section 2 seeks to delete the words "(if any)" with regard to the publication of reasons, in the employer's opinion, for any gaps and of the measures, if any, that an employer is taking, or proposes to take, to eliminate or reduce gaps.

The purpose of the words "(if any)" is to provide for circumstances where there are no measures that can be taken by a particular employer to eliminate or reduce the gender pay gap. In this particular Bill, we have to allow for the fact that there may be a certain reason for the pay gap. It may be due, perhaps, to segregation in education and the overall labour market, whereby in certain sectors women are under-represented in some areas. It is a structural issue and, therefore, not one within the resolution of the employer in question.

To remove the words "(if any)", would basically mean the legislation would appear to put an obligation on the employer. In most circumstances, that will be within the employer's grasp but it may not be in every circumstance. In many cases, it will be possible for employers to pursue positive action measures that are within the law and will, over time, increase the number of women in higher remunerated roles and levels in firms. The reasons, in the employer's opinion, for any gender pay gap must be published by the employer in all circumstances. Leaving these two words in allows for the recognition of the diverse range of circumstances that may be faced by employers. As such, I suggest we leave the words in the Bill.