John Gormley (Dublin South East, Green Party)
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Question 496: To ask the Minister for Enterprise, Trade and Employment the steps that have been taken to counteract bullying in the workplace; the progress that has been made to date in 2005 in dealing with this problem; and if he will make a statement on the matter. [28648/05]

Tony Killeen (Clare, Fianna Fail)
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In August 2004, my predecessor, Deputy Fahey, established an expert advisory group on workplace bullying, the terms of reference of which were to advise and report on the effectiveness of measures relating to the prevention of workplace bullying, the identification of improvements in procedures and how to address the contribution made by bullying to the incidence of workplace stress. In May 2005, I received the report of the expert group and on 17 August 2005, I launched the report, a copy of which is available free of charge on my Department's website, www.entemp.ie. The principles laid down by the group in its report will underpin future consideration of the issue by the Government, as anything less is not acceptable in a fair, safe and equitable workplace. These principles are workplace bullying is unacceptable in all circumstances; it is the responsibility of management to ensure that bullying is not tolerated at the workplace; and that incidents of bulling are adequately dealt with and brought to a fair and conclusive resolution in a timely fashion.

The group was chaired by Mr. Paul J. Farrell, partner at IBM's business consulting services and was widely representative of the social partners, the Health and Safety Authority, Equality Authority, Labour Relations Commission, National Centre for Partnership and Performance, anti-bullying centre at Trinity College Dublin, human resources practitioners, a solicitor and the Department of Enterprise, Trade and Employment. The group determined that workplace bullying is an increasing problem. Whether this is due to an increase in the incidence of bullying or an increasing awareness of the unacceptability of bullying behaviour is not clearly demonstrable. However, the end result is the same — increased numbers of complaints; higher levels of workplace stress; great frustration with a lack of formal channels for resolving such complaints; and an increased burden on all parties to resolve disputes; workplace bullying is not a "normal" industrial relations issue; existing measures to tackle the problem are insufficient; responsibility for tackling the problem is diffuse — clarity of process and resolution is required; and the impact of bullying on the individual is such that immediate action on the part of employers and the State is called for.

The key recommendation of the group is legislation should be brought forward to deal with workplace bullying. This legislation should apply to all employees in the workforce, irrespective of employment status. In this regard, on 2 September 2005, as part of the follow up consultation process, my Department placed a notice in the national newspapers and on my Department's website seeking the views of interested parties on how the recommendations of the group might be implemented. A number of submissions have been received to date and they are being considered. I have also sought and obtained the views of the social partners and their views are also being considered.

My Department will also shortly be implementing the group's recommendation to conduct a follow up survey on workplace bullying, which is similar to the survey conducted for the last report on this subject, published in 2001, to obtain an up-to-date picture of the incidence of the problem. When the views of the social partners and other interested parties have been considered and the results of the survey have been received, I intend to bring a report to Government for a decision on the way forward.

The Health and Safety Authority's code of practice for the prevention of workplace bullying 2002 and safety, health and welfare at work legislation refer to the employer's responsibility to ensure, as far as is reasonably practicable, the safety, health and welfare of the his or her employees at work. The new Safety, Health and Welfare at Work Act 2005, which commenced on 1 September last, extends the employer's duty to managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk. The duty on the employer in this new section of the Act is matched by a duty on employees in section 13(e) of the same Act not to engage in improper conduct or behaviour.

The Health and Safety Authority's anti-bullying unit is the focal point for dealing with requests for information and for the receipt of workplace complaints on bullying. It assists those employers who do not have an adequate anti-bullying policy, to upgrade what they have, and to bring it in line with the authority's code of practice for the prevention of workplace bullying.