Dara Calleary (Mayo, Fianna Fail)
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Question 298: To ask the Minister for Jobs, Enterprise and Innovation his plans to reform the Employment Rights agencies; and if he will make a statement on the matter. [36191/12]

Richard Bruton (Dublin North Central, Fine Gael)
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As the Deputy will be aware the system for resolving individual disputes related to the workplace is in need of reform. The current system is wasteful, both in terms of state resources and those of the users. It is also frustrating for employers, employees and professionals representing them. The system has been the subject of much analysis involving eight reports in as many years. Some of the criticisms of the system outlined in these reports include:

· Five organisations with overlapping, but completely separate, objectives and operations

· So complex that even experienced practitioners find it difficult to comprehend

· Claims are often referred to the wrong forum or under the wrong statute: they sometimes become statute barred before the error is discovered

· Lack of consistency between, and in some cases, within the bodies regarding the degree of formality of hearings, rules of evidence and the use of adversarial or inquisitorial procedures

· Overly legalistic with many users feeling the need to incur legal expenses

· A set of circumstances arising in respect of a single employee and single employer can give rise to a number of claims, which must be processed through different fora to obtain redress

· Different routes of appeal can apply for issues arising out of the same set of circumstances in the same employment

· Irrational and inequitable variations in how compensation is calculated and in remedies available - no reasons are given for decisions in some cases

· Duplication of functions between the bodies results in "forum shopping"

· Delays are excessive

· Poor value for money

There is universal acceptance of the need for major reform of the current processes. It was for this reason that I announced my intention to undertake a root-and-branch reform of the State's complex Workplace Relations systems in July 2011. I indicated that my aim was to establish a world-class Workplace Relations Service.

I am happy to report that substantial progress has been made to date and a number of important priority actions have been successfully delivered within the target timescale.

These include:

· A new single contact portal called "Workplace Relations Customer Services" has replaced the five separate entry points.

· Complaints are now acknowledged, on average, within five working days of receipt. This was previously taking up to eight months in some cases.

· The employer is also notified, on average, within five working days of the complaint being lodged thus increasing the possibility of a resolution being reached without the need for a hearing.

· There are now no backlogs for Rights Commissioner hearings.

· A Single Complaint Form that deals with over 100 first instance complaints has replaced the 30 forms previously in use.

· A new workplace relations interim website www.workplacerelations.ie is in place.

· Delivery of a pilot Early Resolution Service has commenced.

My intention is to continue to progress the reform programme. The next major step is to establish a two-tier Workplace Relations structure. This will involve two statutorily independent bodies replacing the current five. We will have a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court. The WRC will replace the LRC, NERA, the Equality Tribunal and undertake the first instance functions of the EAT. The labour Court will take on the appellate functions of the EAT.

While considerable progress has been achieved to date on an administrative basis, completing the proposed reform requires the enactment of detailed legislation . This is necessary in order to provide the statutory basis for the new structures and processes. Last year I undertook a public consultation process that concluded in September 2011. The responses, overall, demonstrated a strong consensus around the need for reform and the shape that reform should take. The many positive suggestions that emerged from that process have helped to inform the design and delivery of the reform to date. They also influenced the proposals set out in the Blueprint to Deliver a World-Class Workplace Relations Service (Blueprint ) which I published in April of this year. The Blueprint document set out, in considerable detail, how I propose to reform the workplace relations structures and processes. I published the Blueprint in order to provide a further opportunity for consultation. I am happy to have received 32 responses to the document. They include many supportive, useful and constructive suggestions and comments. All contributions made have received careful consideration and helped inform the preparation of the Policy Document – Legislating for a World-Class Workplace Relations Service which I recently submitted to the Oireachtas Committee on Jobs, Enterprise and Innovation in order to give the Committee an early opportunity to shape the legislation. I had a constructive dialogue with the Committee on the basis of the document. All of these documents including most of the submissions received in response to the consultations are available on the Workplace Relations Website www.workplacerelations.ie

I am proceeding with the reform process and I am committed to delivering a world-class workplace relations service. My aim is to provide a simple, independent, effective, impartial, accessible and workable means of redress and enforcement, within a reasonable period of time. The system must operate to the highest standards and earn the confidence of employers, employees and all who will use its services.

Work has commenced on the legislative programme and detailed design to deliver the reform. I will shortly be seeking Government approval for priority drafting of the Workplace Relations Bill to give legislative effect to the reform programme.