Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 35:

In page 8, after line 38, to insert the following: “(11) The Minister may by regulation specify circumstances in which a company shall be required to provide evidence of compliance with section 20A.”.

It is important these amendments are not grouped with the previous ones because they are not directly designed as a penalty but rather as a consequence in respect of non-compliance. Penalties and consequences are quite different and this is, in effect, about ensuring those companies that have chosen not to be compliant with section 20A are not benefiting from that or rewarded in any respect through public funding or public resources. This would be one of the most powerful measures, frankly, alongside an individual order for compliance with the High Court.

We talked about the Athena Swan and its great success as a voluntary code, but we need to be very honest about it. One of the main reasons it was so successful was that there were consequences for not complying. Universities were made aware they would not get funding from the Irish Research Council if they did not meet certain standards. They knew that while compliance was voluntary, non-compliance would effect the opportunities available to them, their engagement with public funding and access to same. This is less about a financial penalty and more about a consequence.

These amendments suggest it would be reasonable to require companies to provide evidence of compliance with section 20A. Amendment No. 36 is a little bit more specific and suggests that situations in which evidence of compliance with section 20A might be required would include when applying for public grants, funds or loans or submitting tenders for public contracts. This is very reasonable in the context of determining the giving of grants or loans, the investment of public funds and resources in a company or the giving of public support to a company. This is also related to the subcontracting issue raised earlier. If we want to delegate services to companies by way of public contracts, we want to know they are compliant with the gender pay gap information provisions, there is full transparency and they are engaging with section 20A, which is a sign of best practice.

Amendment No. 36 could provide us with one of the most powerful tools in ensuring companies seek to be compliant with the provisions of this Bill. The turning point for Athena Swan was when consequences flowed from non-engagement. I urge the Minister to consider seriously amendment No. 36 which could be a game changer.