Seanad debates

Monday, 12 July 2021

Workplace Relations (Miscellaneous Provisions Bill) 2021: Second Stage

 

9:30 am

Photo of Róisín GarveyRóisín Garvey (Green Party) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. This was not in the programme for Government but we are doing it anyway because it has to be done. My thanks to the Minister of State for his swift action on this.

The Bill is intended to resolve issues raised by Mr. Zalewski, who took a court case. We have to thank him for highlighting this anomaly in the legislation. It is good he has brought us to this today. It is good we are open to listening to people who stand up for their rights and highlight issues. It shows the Government is willing to take them on board. The court found that certain provisions in two Acts were incompatible with the Constitution as they required relevant Workplace Relations Commission proceedings to be conducted in private. The court further found that the lack of provision for the administration of oaths or affirmations was inconsistent with the Constitution.

The Bill is largely technical. The main elements provide that Workplace Relations Commission proceedings will happen in public with some exceptions, that evidence may be given under oath and that there is a penalty for providing false information under oath, which is also important.

Another issue the Bill addresses is the provision of a proper system for the removal of an adjudication officer. Currently, this power rests solely with the Minister and this may undermine the independence of the adjudication officer. It provides for an extra statement on the independence of Labour Court members, and it provides for the strengthening of the rights of employers in the enforcement of decisions of an adjudication officer in the District Court.

I will keep it short. It is fairly straightforward. It has to be done. My thanks to the Minister of State for the time and energy he has put into making this happen.

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