Written answers

Tuesday, 11 July 2023

Department of Enterprise, Trade and Employment

Equality Issues

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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250. To ask the Minister for Enterprise, Trade and Employment with regard to discrimination cases brought to the Workplace Relations Commission and/or Labour Court under the Equal Status Act, if he can confirm what training the officers of the courts have in relation to understanding how discrimination affects the victim. [33613/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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The Workplace Relations Commission (WRC) is independent in the exercise of its quasi-judicial function, and I have no direct involvement in its day-to-day operations. However, I am informed of the following.

Disability discrimination cases typically come before an Adjudication Officer under the Employment Equality Acts 1998-2015, which prohibit discrimination in the workplace and in employment-related areas, and the Equal Status Act 2000-2018, which prohibit discrimination in the provision of goods and services.

Adjudication Officers hold various educational and professional qualifications and come from a variety of professional backgrounds. All Adjudication Officers appointed receive professional training in adjudication and related matters.

The WRC’s Legal unit keeps Adjudication Officers informed of relevant legal and legislative developments. Continuous professional development meetings are held on a regular basis and have included contributions from professionals working in the equality sector and from specialist equality bodies and disability rights organisations. Indeed, the next scheduled training day has a specific focus on equality matters. The WRC maintains a legal library and Adjudication Officers have access to this legal library and to the legal database on www.westlaw.ie

The WRC complies fully with its obligations under the Disability Act 2005 and Irish Human Rights and Equality Commission Act 2014 in relation to the provision of its services and ensuring accessibility for persons with disabilities; equality is promoted and access for persons with disabilities is provided wherever practicable. The WRC has a nominated Access Officer to facilitate access requests and who can arrange particular assistance for persons with disabilities.

Adjudication Officers are experienced in adapting and making accessible hearings for persons with disabilities and according to a party’s needs, wherever practicable and appropriate. The Equal Treatment Bench Book, published by the Judicial College in the UK, is a highly regarded reference resource aimed at increasing awareness and understanding of the different circumstances of people appearing in courts and tribunals. It is promoted for use by the WRC to Adjudication Officers and is the subject of internal training and information updates for Adjudication Officers as it is a constantly updated and amended document providing information, guidance and assistance for ensuring fairness and equality in legal proceedings. The Bench Book includes chapters on physical disability, mental disability and capacity which contain practical suggestions and guidance for increased participation, reasonable adjustment and effective communication, including communicating with persons who have a mental disability.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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251. To ask the Minister for Enterprise, Trade and Employment with regard to discrimination cases brought to the Workplace Relations Commission and/or Labour Court under the Equal Status Act, if he will outline the reason there is no mechanism in place to ensure that all hearings under the Equality Acts are fully transparent to guarantee a fair outcome. [33617/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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Any allegation that adjudication officers are not adhering to the fundamental principles of natural and Constitutional Justice is a matter for the High Court.

Adjudications hearings are, in the main, public and written decisions issue in each case. Parties are entitled to a de novo hearing on Appeal.

Adjudication officers are independent in the performance of their functions.

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