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

The proposed amendment seeks to provide the Minister with the option to set out in the regulations financial or other penalties where a concerned person does not comply with the provisions of section 20A. I agree with Senator Higgins that, although we are seeking to encourage compliance through a carrot, we also need the stick. Strengthened by my amendments in the Dáil, the Bill provides a significant stick and I am confident that the enforcement procedures in the Bill are sufficiently robust to address any lack of compliance. The IHREC's power to take an action to the Circuit Court or, following my amendment, to the High Court provides significant scope for measures to ensure compliance.

It is important to think on what we have done. We have given an independent body oversight powers where a company is in breach of its obligations under section 20A. We all know that the IHREC has grown in size, strength and confidence in terms of its engagement in the public sphere. We are empowering it further through this legislation.

It is important to say that fixed penalties in the corporate sphere often do not act as a sufficient deterrent. Some larger entities can just take the hit.They pay the fine and move on whereas what we are providing for is an order made by the Circuit Court or the High Court. That is significant, particularly if the entity continues to breach the order and finds itself in contempt of court. Following the amendments we have made on Report Stage in Dáil Éireann, the entity could find itself in breach of a High Court order and in contempt of the High Court. That is especially significant and will be seen very much as a disincentive to employers in terms of failing to undertake their obligations under section 20A. A strong, and now further strengthened, stick is provided for within this legislation.