Leo Varadkar (Dublin West, Fine Gael)
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Question 110: To ask the Minister for Enterprise, Trade and Employment if a member of the Employment Appeals Tribunal may hear a case in which they are related to one of the witnesses; and if he will make a statement on the matter. [27956/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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The Employment Appeals Tribunal is an independent body which is bound to act judicially. It was set up to provide individuals with a forum to seek remedies for infringements of their statutory employment rights. I understand that the practice is that Tribunal members do not hear cases where a relationship exists between them and a party or witness to a case.

If a member becomes aware that s/he is related or connected to a party or witness before the day of the hearing s/he asks to be replaced. If, on the other hand, a member only becomes aware of such a relationship during a hearing then the member either discharges him/herself immediately from the hearing or, where that relationship is not close, discloses the nature of that relationship to the parties and is guided by their attitude as to whether or not s/he should continue to hear the case or discharge him/herself.

In a case currently before the Tribunal some evidence was taken over two days in June 2007. At that time a member of the Tribunal was not aware that s/he was related to a witness whom the respondent intended to call to give evidence later in the proceedings. During the 2007 summer vacation that member became aware that a relationship through marriage existed between the member and the proposed witness. For this reason and prior to the resumed hearing, which was scheduled to take place for two days in late October 2007, the Tribunal called the parties before it to inform them of the relationship and that the Division of the Tribunal was discharging itself from hearing that case.

A new Tribunal Division is scheduled to hear this case beginning in January 2008.