Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 42:

In page 11, line 9, after “review” to insert “to be published”.

My amendments relate to a review. This is a simple matter but basically I want to ensure that the review will be published. The review clause currently simply says, "The Minister shall cause a review of the functioning of the amendments made", but it does not commit to the publication of the review or the laying of the review before the Oireachtas to be debated by a relevant committee. It is always good to set things out in legislation bearing in mind that the Minister, which in this case is the Minister present, who may initiate legislation may not be the Minister at the point of review. Under my amendment No. 43, the present Minister would probably be the Minister that conducts the review as it seeks to substitute the "4th anniversary" with the "3rd anniversary". In that regard, it is always better to have the nature of the review, the fact that the review would be published, and the plans for engagement in respect of the review and so forth set out in the legislation in order to give clarity to anybody who may inherit this brief.

In my amendment No. 43, I suggest inserting the words "3rd anniversary". That is also consequential on my previous amendments that sought the stipulation of a first and second anniversary rather than a third anniversary to allow for the full scope of the programme. I understand that the four years is to allow for the full range of the Bill but I believe that the full scope of the Bill should be applied within three years and that that is very reasonable. Again, in that consequence, we should be able to have this apply to all companies of over 50 employees within three years and be able to report on same.

My last concern is that we need subsequent reviews. Again, this is one review. If this is going to be long-term legislation then we may need to look to its operation periodically in the time period ahead. Please note that the legislation, as it stands, only allows for one review.

Amendment No. 45 slightly differs in its intent and, in fact, refers to a report. Again, there may be another mechanism whereby a report can be provided. It is important that we do not just take a snapshot of pay equality across Ireland, and within companies, but look to what we do with the information. It is not simply a matter of the reputation of an individual company or how that is perceived by potential employees or consumers. Those are all important factors but there is a really important piece that comes to that same question which I mentioned earlier. It is the identification of patterns.

My amendment No. 45 states, "The Minister shall, within three years", which mirrors my previous amendments because I believe that the Act should be fully operational within three years, "lay a report before both Houses of the Oireachtas outlining a sectoral analysis with respect to the information published under section 2 and further recommendations based upon such analysis in terms of reducing the gender pay gap". That is because of what we have seen in different sectors. The Athena SWAN, the scientific women's academic network, programme has been mentioned but many other sectors have had different issues. For example, if we see a certain pattern among the categories in section 20A, if we see that there is a huge gender pay gap among part-time employees across a sector or if we note that the highest percentile is particularly divided within another sector, then as that information is complied, within each company, it must be placed alongside each other and analysed with that sectoral lens so that we can identify any issues.

Like many others, I greatly regret the reduced use of joint labour committees as they were so crucial. Senator Bacik talked about the role played by unions in collective bargaining but JLCs were an incredibly good tool. It is disappointing that we use them less, and we have not been able to use them in the way that we had previously to really identify what is good and bad practice within a sector. I mean identifying the patterns, dangers, challenges and cultural imbedded prejudices and inequities that operate within a sector.

My amendments ask what the Minister will do with the information, not just what is done by companies, consumers and employees. My amendments ask what the Minister, as a Minister making policy, does with the information that emerges from this. Perhaps he will address my points or indicate whether a report is planned or envisaged.