Written answers

Tuesday, 25 October 2011

Department of Justice, Equality and Defence

Equality Issues

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 392: To ask the Minister for Justice and Equality if his attention has been drawn to the practice by employers applying for preliminary hearings to deal with legal issues before the Equality Tribunal prior to a normal hearing being held; if he will provide figures for the number of such applications made in each of the past four years and the number granted; the criteria used to decide whether such applications ought to be granted; his views on whether such applications are desirable practice given that employees involved have to devote additional time and expense in defending such legal applications; if the Equality Tribunal has the power to award expenses and costs to employees when such applications are successfully defended; if he is considering any legislative changes that will impact on such applications being made; and if he will make a statement on the matter. [31135/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Provision for dealing with preliminary matters is set out in section 79, subsections (3) and (3A) of the Employment Equality Acts. It should be noted that it is only used in cases where the preliminary issue is detachable from the substantive issue and where it would save the parties the need to go to full investigation on that issue. In all cases, where an application is made by the parties for a matter to be dealt with as a preliminary issue, the decision is that of the Equality Officer alone.

Statistics on the number of cases in which consideration was given to dealing with specific questions as a preliminary issue are not currently compiled by the Tribunal. Details as requested by the Deputy would require the expenditure of a disproportionate amount of staff time and resources. It is therefore not possible to provide the details sought. However, my Department has been informed by the Director of the Equality Tribunal that, of the 1,043 cases closed in 2010, only seven were the subject of the preliminary issue process.

I should stress that the Director of the Equality Tribunal and his Equality Officers are independent in the exercise of their statutory functions and therefore I cannot comment on individual cases. Decisions by the Director or the Equality Officers concerning preliminary issues may be appealed by either the complainant or the respondent to the Labour Court. They may also be appealed on a point of law to the High Court. The Director of the Equality Tribunal is also subject to judicial review by the High Court.

There is no provision in the Employment Equality Acts for the Director of the Equality Tribunal to award expenses and costs to either party in a complaint. I have no proposals to change these provisions of the Employment Equality Acts.

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