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

I see, understand and recognise the important role of the trade union movement in bringing this legislation to this position where it soon will pass through this House and soon will be sent to the President for signature. I have engaged extensively with trade unions on this and other legislation since I took office. I place real value on that ongoing dialogue with the trade union movement, particularly in the context of issues involving gender in the workplace, be it on the Gender Pay Gap Information Bill; on the low pay many childcare professionals, the vast majority of whom are female, earn; or in the context of domestic violence leave. These are all issues on which the Government is working. I have engaged extensively with the trade union movement on all of those points and I value that engagement, as well as the trade union movement's leadership in many ways on many of these issues.

We discussed writing a specific role for trade unions into this legislation on Committee Stage. I have looked at the Labour Party amendments. I did make reference on Committee Stage to the fact that the EU directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women is being looked at in the context of the European institutions. There are indications in the early draft that some role for the trade union movement may be explicitly inserted into that legislation and, therefore, there may be a requirement on member states. It remains my view that I am content to wait and see what will be the specific position given to the trade union movement occasioned from that piece of EU law because we could implement something now that would be quite different from or at variance with the role envisaged by the European institutions and required of us under EU law. As the Senator is aware, there is a provision in the legislation to allow for its review after four years. Hopefully, the particular element of EU law we are discussing will be implemented before then but if not, we will have the opportunity at that review to consider whether there needs to be a specific reference to a role for the trade unions in terms of how companies address the gender pay gap that is revealed through the publication of this information.

Amendment No. 4 seeks to insert paragraph (d) into the proposed section 20A(1) that would require employers that are party to a collective agreement with a recognised trade union or staff association to consult with the trade union or staff association concerned prior to and following the publication of the gender pay gap information. I flagged on Committee Stage that I was concerned that there was no clear detail as to the purposes of those particular consultations. In particular, when dealing with primary legislation, I felt it would be important that there be clear elucidation. Were we to put this in, there should be a clearer elucidation of what those discussions and engagements would be about. I also made the point, which I repeat, that there is nothing to stop an employer in the public or private sector engaging with recognised trade unions or staff associations prior to or following the publication of this information. In particular, in the case of employers where the publication of that information reveals significant gaps, such consultation could be useful. At this point, in the context of there not being complete clarity in terms of what those consultations would require and where EU law may require something more specific or generalised in respect of the role of the trade union movement in these negotiations, the amendment proposed today is not the appropriate way to go and I ask Senators not to support it.