Mary Seery Kearney (Fine Gael) | Oireachtas source

I like and understand the intention of this amendment. From my own experience, I have often volunteered to be part of the referee process for individuals I have represented where, when they go for their next employment, it has been important for them to have their representative be prepared to explain the circumstances. Therefore, I understand the sentiment. However, it needs to be particular and there is no reason we would be too prescriptive to the adjudication officer as to his or her discretion. The discretion, as it is provided for in the Bill, is sufficient. We can support it with regular training and updating the continuing professional development, CPD, done by the adjudication officers. This can be built into their term-beginning training. We can do that. As this is a new scenario, we have new sensitivities to be borne in mind. In the same way that we responded in respect of housing under equal status legislation, we can look at the Employment Equality Act, where litigation has occurred in that context. In future, maybe that will be open for review and we can consider reviewing an inclusion. If there is evidence of prejudice arising from having taken cases or an inhibition to access employment in the future or some sort of an inhibitor, there is no reason we could not consider it in the same way that we do for landlords refusing housing assistance payment, HAP. We can start by being creative, in adding into the employment equality. There are solutions, without being overly prescriptive in the Act.