Brian Hayes (Dublin South West, Fine Gael)
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Question 202: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if the Labour Relations Commission has the ability to investigate workplace bullying; if not, her plans to strengthen legislation in this regard; and if she will make a statement on the matter. [38378/09]

Dara Calleary (Mayo, Fianna Fail)
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The Labour Relations Commission's "Code of Practice Detailing Procedures for Addressing Bullying in the Workplace" was introduced on foot of a recommendation in the Report of the Task Force on the Prevention of Workplace Bullying, presented to my predecessor in March 2001. The Code, prepared by the Labour Relations Commission, was subsequently designated as a statutory code of practice for the purposes of the Industrial Relations Act, 1990. In addition, the Labour Relations Commission's involvement in workplace bullying is cited in the Health and Safety Authority's revised "Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work", made under the Safety, Health and Welfare at Work Act 2005, which came into effect on 1 May 2007. In the case of both Codes, the emphasis is on the resolution of incidents of bullying using an informal or formal process inside organisations and professional mediation services.

Where a case of workplace bullying arises and internal processes fail, the Codes provide that an appeal may be referred to the Rights Commissioner Service of the Labour Relations Commission under the Industrial Relations Acts. If the recommendation of the Rights Commissioner is not acceptable, an appeal may be made to the Labour Court.

Although these respective Codes do not have the force of law, they can be taken into account in the course of proceedings before the Labour Court and the Employment Appeals Tribunal where they are germane to the proceedings. The development of these Codes has been welcomed by industrial relations and HR professionals as a practical contribution to improving internal employment relations practices and procedures.

I have no plans to alter the status of these Codes, which have been developed following intensive consultation with the Social Partners and expert bodies, or to change the legislative provisions from which they derive.