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

I understand the Senators' intention in tabling this amendment. Our intention is to ensure the reporting requirements are as far reaching as possible but it is important to note, within the context of this legislation, that no other class of employer other than by reference to size is explicitly referred to in this Bill. The Bill sets out the regulations that may prescribe the classes of employer to which the regulations may apply. The intention is the regulation will apply to all classes of employer, including individual Departments and agencies.

Where a legal partnership or some multidisciplinary practice meets the size criteria to fall within the categories of the regulation as an employer, it will fall within the scope of the regulations made. However, given that partners are not employees and they take a share of the employer’s profits which is not directly comparable with employees’ pay, partners will not be included in any gender pay gap calculations. The Senators’ proposed amendment will not remedy that fact. Such partnerships and multidisciplinary practices are and will continue to be encouraged to voluntarily publish separate gender pay reporting regarding partners. I am aware some organisations are already engaging in this.

I do not think the Senators’ proposal will particularly address the issue they are seeking to highlight. I do not think it is useful at this stage to depart from identifying or singling out employers in terms of any description other than the size criteria that we have been using up to this stage.