Finian McGrath (Dublin North Central, Independent)
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Question 94: To ask the Minister for Enterprise, Trade and Innovation his plans to amend the section 13 of Industrial Relations Act 1969 in view of correspondence (details supplied); and if he will make a statement on the matter. [17647/10]

Dara Calleary (Mayo, Fianna Fail)
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I note from the details supplied that this case was heard before a rights commissioner who issued his decision on 9 May 2008. The claimant appealed this decision to the Labour Court. On 23 October 2008, the Labour Court issued its decision upholding the decision of the rights commissioner.

Both the Labour Relations Commission and the Labour Court are independent statutory bodes which act independently in the carrying out of their functions. Section 13 of the Industrial Relations Act 1969 provides for the appointment and functions of rights commissioners and I have no plans to make any amendments to the Act in this regard.

Responsibility for the resolution of industrial disputes between employers and workers rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement machinery, including the Labour Relations Commission and the Labour Court, free of charge to assist this process, which, in line with the general principles of industrial relations in Ireland, is voluntary in nature.