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

I have discussed on a number of occasions the changes we made to section 85C - accepted on Report Stage in the Dáil - which will enhance the enforcement powers of IHREC by providing it with the power to take an application to the Circuit Court or the High Court, where it has reasonable grounds for believing there has been a failure by a person to comply with the provisions of the Bill, to obtain an order requiring that person to comply. We believe that this is the stick the legislation provides in the context of ensuring compliance. In undertaking that role, IHREC will have regard to the size of the company involved and the number of infringements when determining the court in which to issue proceedings. It is given that discretion and there is no restriction in terms of size. In the case of a first breach, the commission has discretion to take an action. There is nothing stopping it doing so. When an employer does not comply with a court order, it may be held in contempt of court and in such circumstances, the court will have the power to issue a fine, which is a powerful tool. Defying an order of contempt made by a High Court judge is a significant act for any employer. My understanding of the offence of contempt is that it can only be expunged by compliance so there is a strong mechanism there in terms of seeking compliance by using this mechanism of an order from the court and any potential breach of that being an order of contempt, particularly the fact that we have ensured that this can be done through the High Court with all the linked negative publicity generated by a decision of a High Court judge compared with the negative publicity that might be generated by a decision of a Circuit Court judge.

The amended enforcement procedure provides for both IHREC and an employee to apply to the courts or the Workplace Relations Commission for an order compelling an employer to comply with its requirements and publish its gender pay gap information, which is significant. The information regarding non-compliance will be in the public domain and this is copper-fastened in light of the decisions we have taken in respect of the recent Supreme Court judgement about Workplace Relations Commission hearings being held in public. A significant stick is provided in this legislation in the context of ensuring compliance.