PART VII

Other Remedies and Enforcement

74. —(1) In this Part, unless the context otherwise requires:

“the complainant” has the meaning given by section 77 (4);

“equality mediation officer” and “equality officer” shall be construed in accordance with subsections (3) and (4) of section 75 ;

“the Equal Pay Directive” means Council Directive No. 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women;

“the Equal Treatment Directive” means Council Directive No. 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions;

“the respondent” has the meaning given by section 77 (4);

“victimisation” shall be construed in accordance with subsection (2).

(2) For the purposes of this Part, victimisation occurs where the dismissal or other penalisation of the complainant was solely or mainly occasioned by the complainant having, in good faith—

(a) sought redress under this Act or any enactment repealed by this Act for discrimination or for a failure to comply with an equal remuneration term or an equality clause (or a similar term or clause under any such repealed enactment),

(b) opposed by lawful means an act which is unlawful under this Act or which was unlawful under any such repealed enactment,

(c) given evidence in any criminal or other proceedings under this Act or any such repealed enactment, or

(d) given notice of an intention to do anything within paragraphs (a) to (c).

Equality Investigations

75. —(1) The Minister, with the consent of the Minister for Finance, shall appoint a person to be the Director of Equality Investigations to perform the functions conferred on the Director by or under this Act or any other enactment.

(2) The office of the Director shall consist of the Director and such staff as, subject to subsection (3), may be appointed by the Minister, with the consent of the Minister for Finance, to assist the Director in carrying out the Director's functions; and the Director and the persons so appointed to the staff of the Director shall be subject to the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 to 1996.

(3) Any person who, immediately before the commencement of this subsection, was holding office as an equality officer of the Labour Relations Commission shall, on that commencement and by virtue of this subsection, become as an equality officer, a member of the staff of the Director.

(4) From among the Director's staff the Director may—

(a) appoint persons to be equality officers, and

(b) appoint persons, including those who are equality officers (whether by virtue of subsection (3) or of appointment under paragraph (a)) to be equality mediation officers,

and the Director may delegate any function conferred on the Director by or under this Act or any other enactment to an equality officer or equality mediation officer.

(5) The Director, equality mediation officers and equality officers shall be independent in the performance of their functions.

(6) Subject to subsection (7), the delegation of a function under subsection (4) shall not affect the continuing power of the Director to exercise that function concurrently with the officer to whom it is delegated.

(7) Where, under subsection (4), the Director has delegated to an officer the function of hearing a case referred to the Director under section 77 —

(a) the delegation shall be taken to include the power to issue a decision in the case,

(b) the function may not be exercised concurrently by the Director, and

(c) the delegation may not be revoked or varied except at the request of the officer to whom the function was delegated or if there are exceptional circumstances preventing that officer from acting (or continuing to act).

(8) The Director shall, within 6 months of the commencement of every calendar year, make a report to the Minister on the activities of the office of the Director in respect of the previous calendar year, or in the case of the first calendar year of operation, that part of the calendar year in which the office was in operation.

Redress

76. —(1) With a view to assisting a person (“X”) who considers—

(a) that another person (“Y”) may have discriminated against X in contravention of this Act or may have dismissed or otherwise penalised X in circumstances amounting to victimisation,

(b) that another person (“Y”) who is responsible for providing remuneration to X is not providing that remuneration as required by an equal remuneration term, or

(c) that another person (“Y”) with whom X has a contract of employment has not provided X with a benefit under an equality clause in that contract,

to decide whether to refer the matter under any provision of section 77 and, in the event of such a reference, to formulate and present X's case in the most effective manner, the Minister may by regulations prescribe forms by which—

(i) X may question Y so as to obtain material information, and

(ii) Y may, if Y so wishes, reply to any questions.

(2) Subject to subsections (3) to (7), information is for the purposes of this section “material information” if it is—

(a) information as to Y's reasons for doing or omitting to do any relevant act and as to any practices or procedures material to any such act,

(b) information, other than confidential information, about the remuneration or treatment of other persons who stand in relation to Y in the same or a similar position as X, or

(c) other information which is not confidential information and which, in the circumstances of the case in question, it is reasonable for X to require.

(3) In subsection (2) “confidential information” means any information which relates to a particular individual, which can be identified as so relating and to the disclosure of which that individual does not agree.

(4) Nothing in this Act shall be construed as requiring Y or any other person—

(a) to furnish any reference (or any copy thereof or extract therefrom) or any report (or copy thereof or extract therefrom) relating to the character or the suitability for employment of any person (including X), or

(b) to disclose the contents of such a reference or report.

(5) In a case where a person considers that he or she may have been discriminated against by, or in the course of an interview conducted on behalf of—

(a) the Civil Service Commissioners in the course of a recruitment or selection process, other than one designed to recruit or select only from and for their own staff,

(b) the Local Appointments Commissioners in the course of a recruitment or selection process, other than one designed to recruit or select only from and for their own staff,

(c) the Minister for Defence in the course of a recruitment process for the Defence Forces, or

(d) the Commissioner of the Garda Síochána in the course of a recruitment process for the Garda Síochána,

information shall not be regarded as material information for the purposes of this section if it relates to communications with external advisers to any of the persons referred to in paragraphs (a) to (d) or if it goes beyond the permitted information specified in subsection (6).

(6) For the purposes of subsection (5), in relation to a recruitment or selection process, information is permitted information if it identifies the successful and the unsuccessful candidates—

(a) by reference to their sex, or

(b) in terms of the discriminatory grounds in section 28 (1), by reference to those who have the same relevant characteristic as C or the same relevant characteristic as D.

(7) This section is without prejudice to the other provisions of this Act relating to the obtaining of information.

77. — (1) A person who claims—

(a) to have been discriminated against by another in contravention of this Act,

(b) not to be receiving remuneration in accordance with an equal remuneration term,

(c) not to be receiving a benefit under an equality clause, or

(d) to have been penalised in circumstances amounting to victimisation,

may, subject to subsections (2) to (8), seek redress by referring the case to the Director.

(2) If a person claims to have been dismissed—

(a) in circumstances amounting to discrimination by another in contravention of this Act, or

(b) in circumstances amounting to victimisation,

then, subject to subsection (3), a claim for redress for the dismissal may be brought to the Labour Court and shall not be brought to the Director.

(3) If the grounds for such a claim as is referred to in subsection (1) or (2) arise—

(a) under Part III , or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant,

then, subject to subsections (4) to (8), the person making the claim may seek redress by referring the case to the Circuit Court, instead of referring it to the Director under subsection (1) or, as the case may be, to the Labour Court under subsection (2).

(4) In this Part, in relation to a case referred under any provision of this section—

(a) “the complainant” means the person by whom it is referred, and

(b) “the respondent” means the person who is alleged to have discriminated against the complainant or, as the case may be, who is responsible for providing the remuneration to which the equal remuneration term relates or who is responsible for providing the benefit under the equality clause or who is alleged to be responsible for the victimisation.

(5) Subject to subsection (6), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of the occurrence or, as the case may require, the most recent occurrence of the act of discrimination or victimisation to which the case relates.

(6) If on an application made by the complainant the Director, the Labour Court or, as the case may be, the Circuit Court is satisfied that exceptional circumstances prevented the complainant's case (other than a claim not to be receiving remuneration in accordance with an equal remuneration term) being referred within the time limit in subsection (5)—

(a) the Director, the Labour Court or the Circuit Court, as the case may be, may direct that, in relation to that case, subsection (5) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction, and

(b) where such a direction is given, this Part shall have effect accordingly.

(7) Where the complainant's claim for redress is in respect of discrimination by—

(a) the Civil Service Commissioners in the course of such a recruitment or selection process as is referred to in section 76 (5)(a),

(b) the Local Appointments Commissioners in the course of such a recruitment or selection process as is referred to in section 76 (5)(b),

(c) the Minister for Defence in the course of a recruitment process for the Defence Forces, or

(d) the Commissioner of the Garda Síochána in the course of a recruitment process for the Garda Síochána,

the complainant shall in the first instance refer the claim for redress to the Commissioners concerned or, as the case may be, to the Minister for Defence or the Commissioner of the Garda Síochána.

(8) Where subsection (7) applies to a claim for redress in respect of discrimination, the complainant may not refer the case under subsection (1), (2) or (3) unless—

(a) the Commissioners concerned or, as the case may be, the Minister for Defence or the Commissioner of the Garda Síochána have failed to give a decision on the claim on or before the twenty-eighth day after it was referred, or

(b) the complainant is not satisfied with the decision given on the claim,

and in a case to which paragraph (a) or (b) relates, the end of the period of time which is applicable under subsection (5) (including, where appropriate, applicable under that subsection by reference to subsection (6)) shall be construed as—

(i) the end of that period, or

(ii) the end of the period of 28 days from the expiration of the period referred to in paragraph (a) or the date of the decision referred to in paragraph (b),

whichever last occurs.

(9) Where—

(a) a claim for redress relating to employment in the Defence Forces arises under Part III or in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant, and

(b) the complainant is a member of the Defence Forces,

then the claim shall, in the first instance, be referred for redress under the procedure set out in section 104 .

(10) Where subsection (9) applies to a claim for redress, the complainant shall not refer a case under subsection (1), (2) or (3) unless—

(a) a period of 12 months has elapsed after the referral under section 104 to which the claim relates and the procedures under section 104 (2)(a) have not been requested or have not been completed, or

(b) the complainant is not satisfied with the recommendation given under section 104 (2)(b) on the claim,

and in a case to which paragraph (a) or (b) relates, the end of the period of time which is applicable under subsection (5) (including, where appropriate, applicable under that subsection by reference to subsection (6)) shall be construed as—

(i) the end of that period, or

(ii) the end of the period of 28 days from the expiration of the period referred to in paragraph (a) or the date of the recommendation referred to in paragraph (b),

whichever last occurs.

78. —(1) Subject to subsection (3), if at any time after a case has been referred to the Director under section 77 (1) it appears to the Director that the case is one which could be resolved by mediation, the Director shall refer the case for mediation to an equality mediation officer.

(2) Subject to subsection (3), if at any time after a case has been referred to the Labour Court under section 77 (2) it appears to the Labour Court that the case is one which could be resolved by mediation, the Labour Court shall either—

(a) attempt to resolve the case in that way itself, or

(b) refer the case to the Director for mediation by an equality mediation officer.

(3) If the complainant or the respondent objects to a case being dealt with by way of mediation, the Director or, as the case may be, the Labour Court shall not exercise their powers under this section but shall deal with the case under section 79 .

(4) Mediation, whether by an equality mediation officer or by the Labour Court, shall be conducted in private.

(5) Where a case referred under section 77 is resolved by mediation—

(a) the equality mediation officer concerned or, as the case may be, the Labour Court shall prepare a written record of the terms of the settlement,

(b) the written record of the terms of the settlement shall be signed by the complainant and the respondent,

(c) the equality mediation officer concerned or, as the case may be, the Labour Court shall send a copy of the written record, as so signed, to the complainant and the respondent, and

(d) a copy of the written record shall be retained by the Director or the Labour Court, as the case may require.

(6) If after—

(a) a case has been referred to an equality mediation officer under subsection (1) or (2)(b), or

(b) the Labour Court has attempted to resolve a case under subsection (2)(a),

it appears to the equality mediation officer or, as the case may be, the Labour Court that the case cannot be resolved by mediation, that officer or that Court shall issue a notice to that effect to the complainant and the respondent.

(7) Where—

(a) a notice has been issued under subsection (6) with respect to a case,

(b) within 28 days from the issue of that notice the complainant makes an application to the Director or, as the case may be, the Labour Court for the resumption of the hearing of the case, and

(c) if the notice was issued by an equality mediation officer, a copy of that notice accompanies the application under paragraph (b),

the Director or the Labour Court, as the case may require, shall proceed or, as the case may be, continue to deal with the case under section 79 .

79. —(1) Where a case which has been referred to the Director or the Labour Court under section 77 —

(a) does not fall to be dealt with by way of mediation under section 78 , or

(b) falls to be dealt with under this section by virtue of section 78 (7),

the Director or the Labour Court, as the case may be, shall investigate the case and hear all persons appearing to the Director or that Court to be interested and desiring to be heard.

(2) An investigation under this section shall be held in private unless, at the request of one of the parties to an investigation by the Labour Court, that Court determines to hold the investigation, or so much of it as that Court does not consider should be treated as confidential, in public.

(3) If, in a case which is referred on the ground that the complainant is not receiving remuneration in accordance with an equal remuneration term, a question arises whether the different rates of remuneration to which the case relates are lawful by virtue of section 19 (5) or 29 (5), the Director may direct that that question shall be investigated as a preliminary issue and shall proceed accordingly.

(4) Subject to subsections (2) and (3), the Minister may by regulations specify—

(a) procedures to be followed by the Director or, as the case may be, the Labour Court in carrying out investigations (or any description of investigations) under this section, and

(b) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances,

but, before making any such regulations, the Minister shall consult the Labour Court, the Authority and the Director; and any such regulations relating to functions of the Labour Court shall be made only with the consent of the Minister for Enterprise, Trade and Employment.

(5) Unless the Director or the Labour Court considers it necessary to do so in order to bring an investigation to a proper conclusion, information shall be neither sought nor relied upon for the purpose of an investigation under this section (or of any appeal subsequent thereto) if it relates to or is derived from communications with external advisers to any of the persons referred to in paragraphs (a) to (d) of section 76 (5).

(6) At the conclusion of an investigation under this section (including an investigation of a preliminary issue under subsection (3)), the Director shall issue a decision or, as the case may be, the Labour Court shall make a determination and, if the decision or determination is in favour of the complainant—

(a) it shall provide for redress in accordance with section 82 , or

(b) in the case of a decision on a preliminary issue under subsection (3), it shall be followed by an investigation of the substantive issue.

80. —(1) This section applies where a case is referred to the Circuit Court under section 77 (3); and any reference in subsections (2) to (5) of this section to the proceedings is a reference to the proceedings on the reference.

(2) The jurisdiction of the Circuit Court shall be exercised by the judge for the time being assigned to the circuit where the respondent resides or ordinarily carries on any profession, business or occupation.

(3) With the substitution of a reference to the Circuit Court for the reference to the Director, section 79 (3) shall apply in relation to a reference to the Circuit Court as it applies in relation to a reference to the Director.

(4) If requested to do so by the Circuit Court, the Director shall nominate an equality officer to investigate, and prepare a report on, any question specified by the Circuit Court and arising on the reference (including, in particular, any question whether persons are employed to do like work).

(5) Where a report is prepared for the Circuit Court under subsection (4), then, subject to any directions of the Circuit Court—

(a) the equality officer shall furnish a copy of the report to the complainant and the respondent and to any other person to whom it relates,

(b) the report shall be received in evidence in the proceedings, and

(c) without prejudice to the power of the Circuit Court to require the equality officer by whom the report was prepared to attend and give evidence in the proceedings, the equality officer may be called as a witness in the proceedings by the complainant or the respondent.

81. —If, in the course of proceedings on a reference under section 77 (3) or of an investigation under section 79 , it appears to the Circuit Court, the Director or the Labour Court, as the case may be—

(a) that the respondent failed to supply information which the complainant sought by questions under section 76 and which was in the respondent's possession or power, or

(b) that the information supplied by the respondent in response to any such question was false or misleading or was otherwise not such as the complainant might reasonably have required in order to make the decision referred to in section 76 (1),

the Circuit Court, the Director or the Labour Court (as the case may require) may draw such inferences as seem appropriate from the failure to supply the information or, as the case may be, for the supply of information as mentioned in paragraph (b).

82. — (1) Subject to this section, the types of redress for which a decision of the Director under section 79 may provide are such one or more of the following as may be appropriate in the circumstances of the particular case:

(a) an order for compensation in the form of arrears of remuneration (attributable to a failure to provide equal remuneration) in respect of so much of the period of employment as begins not more than 3 years before the date of the referral under section 77 (1) which led to the decision;

(b) an order for equal remuneration from the date referred to in paragraph (a);

(c) an order for compensation for the effects of acts of discrimination or victimisation which occurred not earlier than 6 years before the date of the referral of the case under section 77 ;

(d) an order for equal treatment in whatever respect is relevant to the case;

(e) an order that a person or persons specified in the order take a course of action which is so specified.

(2) The types of redress for which a determination of the Labour Court under section 79 may provide are such one or more of the following as may be appropriate in the circumstances of the particular case:

(a) the orders referred to in paragraphs (c) to (e) of subsection (1);

(b) an order for re-instatement or re-engagement, with or without an order for compensation.

(3) The types of redress for which the Circuit Court may provide on a reference under section 77 (3) are such one or more of the following as may be appropriate in the circumstances of the particular case:

(a) an order for compensation in the form of arrears of remuneration (attributable to a failure to provide equal remuneration) in respect of so much of the period of employment as begins not more than 6 years before the date of the referral;

(b) an order for equal remuneration from the date of the referral;

(c) the orders referred to in paragraphs (c) to (e) of subsection (1);

(d) an order for re-instatement or re-engagement, with or without an order for compensation,

and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation or remuneration which may be ordered by the Circuit Court by virtue of this subsection.

(4) The maximum amount which may be ordered by the Director or the Labour Court by way of compensation under subsection (1)(c) or by that Court under subsection (2)(b), in any case where the complainant was in receipt of remuneration at the date of the reference of the case, or if it was earlier, the date of dismissal, shall be an amount equal to 104 times either—

(a) the amount of that remuneration, determined on a weekly basis, or

(b) where it is greater, the amount, determined on a weekly basis, which the complainant would have received at that date but for the act of discrimination or victimisation in question,

and in any other case, shall be £10,000.

(5) Where the case for which the redress is to be provided is referred to the Director or the Labour Court and arises—

(a) under Part III , or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant,

the Director or the Labour Court, as the case may be, may, in addition to making an order for compensation, also order the payment of interest, at the rate which is applicable under section 22 (1) of the Courts Act, 1981 —

(i) in respect of the whole or any part of the amount of the compensation, and

(ii) in respect of the period beginning on the relevant date and ending on the date of the payment,

and, for the purposes of subparagraph (ii), “the relevant date” means the first day of the period (if any) to which the compensation is expressed to be referable or, if there is no such period, the date of the reference under section 77 (1).

83. —(1) Not later than 42 days from the date of a decision of the Director under section 79 , the complainant or the respondent may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.

(2) The Labour Court shall hear an appeal under this section in private unless, at the request of one of the parties, it determines to hold the appeal, or so much of it as it does not consider should be treated as confidential, in public.

(3) The following enactments shall apply to an appeal under this section:

(a) section 14 of the Industrial Relations Act, 1946 (appointment of technical assessors); and

(b) section 21 of that Act and section 56 of the Industrial Relations Act, 1990 (summoning of witnesses etc.).

(4) In its determination of an appeal under this section, the Labour Court may provide for any redress for which provision could have been made by the decision appealed against (substituting the discretion of the Labour Court for the discretion of the Director).

(5) If the Labour Court's determination of an appeal against a decision of the Director on a preliminary issue under section 79 (3) is in favour of the complainant, the case shall be referred back to the Director for an investigation of the substantive issue.

(6) Subject to subsection (2), the Minister, with the consent of the Minister for Enterprise, Trade and Employment, may by regulations specify—

(a) procedures to be followed by the Labour Court in conducting appeals under this section, and

(b) time limits applicable to such appeals, including procedures for extending those limits in certain circumstances,

but, before making any such regulations, the Minister shall consult the Labour Court, the Authority and the Director.

84. —(1) Where a case is referred to the Labour Court under section 77 and that Court considers that it would be assisted in making its determination by an investigation conducted by the Director, the Labour Court may refer all or any of the matters in issue in the case to the Director; and, where such a reference is made, the Director shall investigate the matters so referred and submit a report thereon to the Labour Court.

(2) Where an appeal is brought to the Labour Court under section 83 and it considers that its determination on the appeal would be assisted by the exercise of its powers under this subsection, the Labour Court may refer all or any of the matters in issue on the appeal to the Director for further investigation or, as appropriate, re-investigation; and, where such a reference is made, the Director shall conduct the further or new investigation of the matters so referred and submit a report thereon to the Labour Court.

(3) Where the Labour Court refers any matters to the Director under subsection (1) or (2)—

(a) it may suspend, in whole or in part, or adjourn its investigation of the case in question or, as the case may be, its hearing of the appeal, pending the receipt of a report from the Director, and

(b) it shall take account of the Director's report on the matters referred in reaching its determination.

(4) Where, on an appeal under section 83 , the Labour Court determines that the decision of the Director which is in question should be set aside, it may, by its determination, also refer the matter in issue back to the Director for a new investigation and decision under section 79 .

85. —(1) Where it appears to the Authority—

(a) that discrimination or victimisation is being generally practised against persons or that a practice referred to in section 8 (4) is being applied or operated,

(b) that discrimination or victimisation has occurred in relation to a particular person who has not made a reference under section 77 in relation to the discrimination or victimisation and that it is not reasonable to expect that person to make such a reference,

(c) that there is a failure to comply with an equal remuneration term or an equality clause either generally in a business or in relation to a particular person who has not made a reference under section 77 in relation to the failure and whom it is not reasonable to expect to make such a reference,

(d) that a publication or display has been made in contravention of section 10 ,

(e) that, contrary to section 14 , a person has procured or attempted to procure another to do anything which constitutes discrimination or victimisation, or

(f) that a person has procured or attempted to procure another to break an equal remuneration term or an equality clause,

the Authority may refer the matter to the Director.

(2) Where the Authority refers a matter to the Director under subsection (1), the preceding provisions of this Part shall apply as if it were a case referred under section 77 , except that—

(a) any reference to the complainant shall be construed as a reference to the Authority,

(b) any reference to the respondent shall be construed as a reference to the person who, in the opinion of the Authority, practised the discrimination or, as the case may require, was responsible for the failure to comply with the equal remuneration term or equality clause or for the victimisation or the publication or display or for the procurement or attempted procurement, and

(c) any reference to the parties shall be taken to include, in the case of a matter referred by virtue of any of paragraphs (a) to (c) of subsection (1), any person who was discriminated against or victimised or suffered from the failure to comply as mentioned in the paragraph concerned.

(3) In a decision under section 79 , as applied by subsection (2), the following types of redress shall be available:

(a) redress as under section 82 (construing references in that section to the complainant as references to the person referred to in subsection (2)(c));

(b) where the reference was by virtue of subsection (1)(d), a decision that a publication or display was or was not made in contravention of section 10 ; and

(c) where the reference was by virtue of paragraph (e) or (f) of subsection (1), a decision that the person concerned has or has not procured or attempted to procure as mentioned in the paragraph concerned.

(4) Subsection (5) applies in a case where the Authority satisfies the High Court or, as the case may be, the Circuit Court that, following a decision under section 79 , as applied by subsection (2), in a matter referred by virtue of any paragraph of subsection (1), there is a likelihood of—

(a) further discrimination or victimisation,

(b) a further failure to comply with an equal remuneration term or equality clause,

(c) a further publication or display in contravention of section 10 , or

(d) further procuring or attempting to procure as mentioned in paragraph (e) or (f) of subsection (1), by a person in relation to whom the decision was made, and of the type the subject of the decision.

(5) In a case to which this subsection applies, the High Court or the Circuit Court, on the motion of the Authority specifying the person in question, may grant an injunction to prevent that person from continuing any conduct (such as is mentioned in subsection (4)), of a type so specified.

(6) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person specified in the Authority's motion ordinarily resides or carries on any profession, business or occupation.

Collective Agreements

86. —(1) If the Authority or a person who is affected by a collective agreement claims that a provision of that agreement is null and void by virtue of section 9 , the Authority or that person may refer the question of that agreement to the Director; and in this section (and section 87 ) the Authority or the person making such a reference is referred to as “the complainant”.

(2) For the purposes of this section (and section 87 )—

(a) the expression “collective agreement” shall be taken to include an order or agreement falling within paragraph (b) or (c) of section 9 (3),

(b) a person is affected by a collective agreement if that person is an employee whose remuneration or whose conditions of employment are, in whole or in part, governed by the agreement (or any part of it), and

(c) “the respondents” means the parties to the agreement, other than (where relevant) the complainant.

(3) Subject to subsection (4), where a collective agreement is referred to the Director under this section, the Director shall consider whether the question of the possible nullity of a provision of the agreement appears to be one which could be resolved by mediation and—

(a) if the Director considers that the question could be so resolved, the Director shall refer the agreement to an equality mediation officer for mediation in accordance with section 87 , and

(b) if the Director considers that the question could not be so resolved, the Director shall proceed in accordance with paragraph (b) or (c) of subsection (4).

(4) If the complainant or the respondents object to a reference under subsection (3)(a) (or if section 78 (7) applies in accordance with subsection (6)) the Director—

(a) shall not exercise the powers under subsection (3)(a),

(b) shall investigate the agreement and, for that purpose, hear all persons appearing to the Director to be interested and desiring to be heard, and

(c) shall issue a decision in accordance with section 87 ,

and subsections (3) and (4) of section 79 shall apply in relation to an investigation by the Director under this subsection as they apply in relation to an investigation by the Director under that section.

(5) Mediation under subsection (3) or an investigation under subsection (4) shall be conducted in private.

(6) Where a collective agreement is referred for mediation under subsection (3), subsections (5) to (7) of section 78 shall apply as they apply where a case which has been referred to an equality mediation officer under section 78 (1) but, for the purpose of that application—

(a) references in those subsections to the complainant and the respondent shall be construed as references to the complainant and the respondents, within the meaning of this section, and

(b) section 78 (7) shall have effect as if, for the words following paragraph (c) thereof, there were substituted “the Director shall investigate the matter of the agreement under section 86 (4)”.

87. — (1) Where a collective agreement is referred to the Director under section 86 , it shall be the purpose of—

(a) mediation by an equality mediation officer under subsection (3) of that section, or

(b) a decision of the Director under subsection (4) of that section,

to identify which (if any) provisions of the agreement are null and void by virtue of section 9 and, if the equality mediation officer or, as the case may be, the Director thinks it appropriate, to provide guidance to the parties to the agreement as to how alternative or amended provisions might be devised which it would be lawful to include in the agreement.

(2) Not later than 42 days from the date of such a decision as is referred to in subsection (1)(b), the complainant or the respondent may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.

(3) The Labour Court shall hear an appeal under subsection (2) in private unless, at the request of one of the parties, it determines to hold the appeal, or so much of it as it does not consider should be treated as confidential, in public, and the enactments specified in section 83 (3) shall apply to such an appeal as they apply to an appeal under section 83 .

(4) In its determination of an appeal under subsection (2) the Labour Court shall seek to achieve the purpose specified in subsection (1).

(5) In this section “collective agreement”, “the complainant” and “the respondent” have the same meaning as in section 86 .

Decisions and Determinations Generally

88. —(1) Every decision of the Director or determination of the Labour Court under this Part shall be in writing and—

(a) if the Director or the Labour Court thinks fit, or

(b) if any of the parties so requests,

the decision or determination shall include a statement of the reasons why the Director reached that decision or, as the case may be, why the Labour Court reached that determination.

(2) By notice in writing to the parties, the Director or, as the case may be, the Chairman of the Labour Court may correct any mistake (including an omission) of a verbal or formal nature in a decision or determination under this Part.

(3) In this section “the parties” means—

(a) in the case of a decision or determination under section 79 , the complainant and the respondent as defined in section 77 (4),

(b) in the case of a determination under section 83 , the parties to the appeal,

(c) in the case of a decision under section 85 , the Authority and the persons referred to in subsections (2) (b) and (c) of that section, and

(d) in the case of a decision under section 86 or a determination under section 87 , the complainant and the respondents, within the meaning of section 86 .

(4) If any person who participated in an investigation under section 79 or 86 is not correctly identified in the resulting decision or determination, the correction of that error shall be regarded as falling within subsection (2).

89. —(1) A copy of every decision of the Director under this Part shall be given—

(a) to each of the parties, and

(b) to the Labour Court,

and every such decision shall be published and a copy thereof made available for inspection at the office of the Director.

(2) A copy of every determination of the Labour Court under this Part shall be given to each of the parties; and every such determination shall be published and a copy thereof made available for inspection at the office of the Labour Court.

(3) In this section “the parties” has the same meaning as in section 88 .

(4) Any reference in this section to a decision or determination includes a reference to any statement of reasons included in the decision or determination as mentioned in section 88 (1).

(5) The contents of any document which is published or made available by virtue of this section shall be protected by absolute privilege.

90. —(1) Not later than 42 days, or such longer period as the Circuit Court may allow, from the date of a determination of the Labour Court under section 79 , the complainant or the respondent may appeal against the determination to the Circuit Court.

(2) On an appeal under subsection (1), the Circuit Court may order any form of redress for which provision could have been made by the determination appealed against (substituting the discretion of the Circuit Court for the discretion of the Labour Court) and, subject to any appeal to the High Court on a point of law, the decision of the Circuit Court on an appeal under subsection (1) shall be final and conclusive.

(3) Where a determination is made by the Labour Court under section 79 or on an appeal under this Part, either of the parties may appeal to the High Court on a point of law.

(4) During the investigation of a case by the Labour Court under section 79 or in the course of an appeal to it under this Part, the Labour Court may—

(a) refer to the High Court a point of law arising in the course of the investigation or appeal, and

(b) adjourn the investigation or appeal (if it thinks it appropriate) pending the outcome of the reference.

(5) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.

(6) The provisions of this Part relating to appeals shall have effect notwithstanding section 17 of the Industrial Relations Act, 1946 (which prohibits appeals from the Labour Court).

Enforcement by Circuit Court

91. —(1) If an employer or any other person who is bound by the terms of—

(a) a final determination of the Labour Court under this Part, or

(b) a final decision of the Director under this Part,

fails to comply with the terms of the determination or decision then, on an application under this section, the Circuit Court shall make, subject to section 93 , an order directing the person affected (that is to say, the employer or other person concerned) to carry out the determination or decision in accordance with its terms.

(2) If an employer or the person who is a party to a settlement to which section 78 (5) applies fails to give effect, in whole or in part, to the terms of the settlement, then, on an application under this section, the Circuit Court may make an order directing the person affected (that is to say, the employer or the person who is a party to the settlement) to carry out those terms or, as the case may be, the part of those terms to which the application relates; but the Circuit Court shall not, by virtue of this subsection, direct any person to pay any sum or do any other thing which (had the matter been dealt with otherwise than by mediation) could not have been provided for by way of redress under section 82 .

(3) An application under this section may not be made before the expiry of—

(a) in the case of a determination or decision, the period within which an appeal might be brought against the determination or decision, and

(b) in the case of a settlement reached as a result of mediation, 42 days from the date of the written record of the settlement.

(4) An application under this section may be made—

(a) by the complainant, or

(b) in a case where the Authority is not the complainant, then, by the Authority with the consent of the complainant if the Authority considers that the determination, decision or settlement is unlikely to be implemented without its intervention.

(5) On an application under this section, the Circuit Court shall exercise its functions under subsection (1) or (2) on being satisfied—

(a) of the existence and terms of the determination, decision or settlement, and

(b) of the failure by the person affected to comply with those terms.

(6) For the purposes of this section, a determination or decision is final if no appeal lies from it under this Part or if the time for bringing an appeal has expired and either—

(a) no appeal has been brought, or

(b) any appeal which was brought has been abandoned.

(7) Without prejudice to the power of the Circuit Court to make an order for costs in favour of the complainant or the person affected, where an application is made by the Authority by virtue of subsection (4)(b), the costs of the Authority may be awarded by the Circuit Court.

(8) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.

92. —(1) Where the Circuit Court makes an order under section 91 (1), it may, if in all the circumstances it considers it appropriate to do so, include in the order the additional direction referred to in subsection (2) or, as the case may require, subsection (3).

(2) Where the order under section 91 (1) relates to a determination or decision requiring the payment of compensation to any person, the order may direct the employer or other person concerned to pay interest on the compensation at the rate referred to in section 22 of the Courts Act, 1981 , in respect of the whole or any part of the period ending on the date of the order and beginning—

(a) 42 days after the date of the determination or decision, or

(b) if it is later, on the date on which the compensation was required to be paid under the determination or decision.

(3) Where the order under section 91 (1) relates to a determination requiring an employer to re-instate or re-engage an employee, the order may direct the employer to pay to the employee compensation of such amount as the Circuit Court considers reasonable in respect of the failure of the employer to comply with the determination.

93. —(1) On an application under section 91 which relates to a determination requiring an employer to re-instate or re-engage an employee, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, instead of making an order under subsection (1) of that section, make a compensation order under this section.

(2) A compensation order under this section is an order directing the employer (in lieu of re-instatement or re-engagement) to pay compensation to the employee.

(3) The maximum amount of compensation which may be ordered under this section is an amount equal to 104 times the amount of the employee's weekly remuneration at the rate which the employee was receiving at the date of the reference of the case under section 77 or would have received at that date but for the discrimination in question.

Information

94. —(1) Subject to subsection (3), this section has effect for the purpose of enabling information to be obtained which the Director or the Labour Court may require to enable them to exercise their functions under this Part; and in this section—

(a) a “designated officer” means the Director, the Chairman of the Labour Court, an equality officer or a person authorised in that behalf by the Director or the Chairman, and

(b) “material information” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out above.

(2) For the purpose set out in subsection (1), a designated officer may do any one or more of the following:

(a) at all reasonable times, peaceably enter premises;

(b) require any person to produce to the designated officer any records, books, documents or other things which are in that person's power or control and which the designated officer has reasonable grounds for believing to contain material information and to give the designated officer such information and access as may reasonably be required in relation to the contents of any such records, books, documents or other things;

(c) inspect and copy or take extracts from any such records, books, documents or other things;

(d) inspect any work in progress at any premises.

(3) An equality officer who is nominated by the Director under section 80 (4) to investigate and prepare a report on a question specified by the Circuit Court may, for the purpose of that investigation and report, exercise any of the powers in paragraphs (a) to (d) of subsection (2); and, for the purpose of the application of this section in such a case—

(a) any reference in subsections (2), (5) and (6) to a designated officer shall be construed as a reference to the equality officer who is so nominated, and

(b) “material information” shall be construed as information which that equality officer has reasonable grounds for believing to be relevant for the purpose of the investigation and report.

(4) The powers conferred by subsection (2) shall not be exercised in respect of a dwelling or any person, record, book, document or other thing in a dwelling unless—

(a) where the powers are to be exercised by virtue of subsection (1), the Minister (or an officer of the Minister authorised by the Minister in that behalf) certifies in writing that there are reasonable grounds for believing that there is in the dwelling information which is material to the investigation of a case, or the consideration of an appeal, under this Part, or

(b) where the powers are to be exercised by virtue of subsection (3), the Circuit Court is satisfied that there are reasonable grounds for believing that there is in the dwelling information which is material to the equality officer's investigation.

(5) If a judge of the District Court is satisfied by information on oath of a designated officer that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises, the judge may issue a search warrant under this section.

(6) A search warrant issued under this section shall be expressed and operate to authorise a named designated officer, accompanied by such other persons as the named designated officer thinks necessary, at any time or times within 1 month from the date of issue of the warrant, on production if so requested of the warrant—

(a) to enter the premises named in the warrant, if necessary by force,

(b) to search these premises, and

(c) to exercise any such power as is described in subsection (2) (b) or (c) in relation to persons and records, books, documents or other things found at the premises.

95. —(1) For the purpose of enabling the Director or the Labour Court to exercise their functions under this Part, the Director or the Chairman of the Labour Court—

(a) may require any person who, in the opinion of the Director or the Chairman (as the case may be) is in possession of, or has in his or her power or control, any information that is relevant to the exercise of those functions to furnish that information to the Director or the Chairman, and

(b) where appropriate, may require any such person to attend before the Director or the Chairman for that purpose,

and the person shall comply with any requirement so made.

(2) A requirement under subsection (1) may specify a time and place at which information is to be furnished or a person is to attend; and if no such time or place is specified in the requirement, the person to whom the requirement is addressed shall comply with it as soon as is reasonably practicable.

(3) Any persons required to attend before the Director or the Chairman of the Labour Court under subsection (1)(b) shall—

(a) answer fully and truthfully any questions put to them by the Director or the Chairman (other than any question tending to incriminate the person asked), and

(b) if so requested by the Director or the Chairman, sign a declaration of the truth of their answers to any such questions.

(4) For the purpose of enabling an equality officer nominated by the Director under section 80 (4) to perform the functions of investigating and preparing a report on a question specified by the Circuit Court, subsections (1) to (3) shall apply with the substitution of a reference to the equality officer for any reference to the Director.

96. —(1) If it appears to the Director, the Chairman of the Labour Court or an equality officer that any person has failed to comply with—

(a) a requirement under section 94 (2) (b), or

(b) a requirement under section 95 (1),

then, according as the case may require, the Director, the Chairman or the equality officer may apply to the Circuit Court for an order under this section.

(2) Subject to subsection (3) if, on an application under this section, the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

(3) If, on an application under this section, the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

(a) to produce any record, book, document or other thing, or

(b) to furnish any information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.

(4) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.

97. —(1) Where, in the course, or for the purposes, of any investigation, mediation or hearing under this Part, any person discloses information to the Labour Court, the Director, an equality mediation officer or any other person entitled to obtain it, the making of the disclosure shall not give rise to any liability (in contract, tort or otherwise) on the part of the person making it.

(2) No information furnished to, or otherwise acquired by, the Labour Court, the Director or any other person, by virtue of sections 94 to 9 6, or otherwise in the course, or for the purposes, of any investigation, mediation or hearing under this Part shall be published or otherwise disclosed except—

(a) for the purposes of such an investigation, mediation or hearing,

(b) on the order of the High Court or the Circuit Court,

(c) with the consent of the person furnishing the information and of any other person to whom the information may relate,

(d) in a decision of the Director or a determination of the Labour Court which is published or made available under section 89 and to which the disclosure of the information is relevant, or

(e) for the purposes of an application under section 96 .

(3) In subsection (2) any reference to information includes any record, book, document or other thing in which the information is contained.

(4) Any person who discloses information in contravention of subsection (2) shall be guilty of an offence under this section.

Offences

98. —(1) If an employee is dismissed in circumstances amounting to victimisation, the employee's employer shall be guilty of an offence and if, in a prosecution for an offence under this section, it is proved—

(a) that the employee was dismissed, and

(b) that the employee, in good faith, did one or more of the acts specified in paragraphs (a) to (d) of section 74 (2),

that proof shall, without more, be evidence until the contrary is proved, that the sole or main reason for the dismissal of the employee was that the employee, in good faith, did one or more of those acts.

(2) Subject to subsection (4), on a conviction of an offence under this section, the court may, if it thinks fit and considers that the Labour Court would have power to do so—

(a) make an order for the re-instatement of the employee by the employer, or

(b) make an order for the re-engagement of the employee by the employer.

(3) Subject to subsection (4), if the court by which a person is convicted of an offence under this section does not make an order under subsection (2) (a) or (b), it may, if it thinks fit, in addition to imposing a fine for the offence, order the employer to pay to the employee concerned such amount of compensation as, subject to subsection (5), the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the employer or the employee concerned.

(4) The court shall not exercise its powers under subsection (2) or (3) unless the employee concerned consents.

(5) The amount of compensation which may be ordered under subsection (3) shall not exceed either—

(a) the amount which, having regard to subsections (4) and (5) of section 82 , the Labour Court could order by way of compensation under section 82 (2) on a claim for redress in respect of the dismissal, or

(b) if the order is made by the District Court, £5,000 or such other amount as may stand prescribed for the time being by law as the limit of that court's jurisdiction in tort,

and, in applying any provision of section 82 for the purposes of paragraph (a), any reference to the date of the reference shall be construed as a reference to the date of the dismissal and any reference to the date of the Labour Court's determination shall be construed as a reference to the date of the conviction of the offence.

(6) Where, on conviction of an employer for an offence under this section, the court makes an order under subsection (2) (a) or (b) or subsection (3)—

(a) whether or not the employer appeals against the conviction or sentence, the employer may appeal against the order to the court to which an appeal lies against the conviction, and

(b) the court hearing an appeal against the conviction or sentence, or an appeal against the order alone, may revoke or vary the order and, in particular, where the order was made under subsection (3), may vary the amount of the compensation.

(7) Where the court makes an order under subsection (3) for the payment of an amount of compensation—

(a) without prejudice to any right of appeal by any other person, the employee concerned shall have a right of appeal, limited to the amount of the compensation, to either the High Court or, as the case may be, to the judge of the Circuit Court in whose circuit is situated the district (or any part thereof) of the judge of the District Court by whom the compensation was ordered, and

(b) to the extent of the amount of compensation paid, the payment by the employer of the compensation shall be a good defence in any civil proceedings brought by the employee concerned in respect of the remuneration which the employee would have received if the dismissal had not occurred.

(8) Where an appeal is brought under subsection (7)(a), the decision of the High Court or, as the case may be, the judge of the Circuit Court shall be final.

99. —(1) Any person who—

(a) obstructs or impedes the Labour Court, the Director or an equality officer in the exercise of powers under this Part, or

(b) fails to comply with a requirement of the Labour Court, the Director or an equality officer given under this Part,

shall be guilty of an offence under this section.

(2) Any reference in subsection (1) to an equality officer includes a reference to a person authorised under section 94 (1)(a).

100. —(1) A person who is guilty of an offence under any provision of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 1 year or both, or

(b) on conviction on indictment, to a fine not exceeding £25,000 or to imprisonment for a term not exceeding 2 years or both.

(2) If the contravention in respect of which a person is convicted of an offence under any provision of this Act is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable on summary conviction to a fine not exceeding £250 or, on conviction on indictment, to a fine not exceeding £1,500.

(3) Summary proceedings for an offence under any provision of this Act may be instituted by the Minister or the Authority.

(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any provision of this Act may be instituted within 12 months from the date of the offence.

(5) Where an offence under any provision of this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who, when the offence was committed, was a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person (as well as the body corporate) shall be guilty of an offence and liable to be proceeded against and punished as if guilty of the offence committed by the body corporate.

(6) In relation to a body corporate whose affairs are managed by its members, subsection (5) has effect as if “director” included a member of the body corporate.

Supplementary

101. —(1) If an individual has instituted proceedings for damages at common law in respect of a failure, by an employer or any other person, to comply with an equal remuneration term or an equality clause, then, if the hearing of the case has begun, the individual may not seek redress (or exercise any other power) under this Part in respect of the failure to comply with the equal remuneration term or the equality clause, as the case may be.

(2) If an individual has referred a case to the Director under section 77 (1) in respect of such a failure as is mentioned in subsection (1), and either a settlement has been reached by mediation or the Director has begun an investigation under section 79 , the individual shall not be entitled to recover damages at common law in respect of that failure.

(3) If an individual has referred a case to the Circuit Court under section 77 (3) in respect of such a failure as is mentioned in subsection (1), the individual shall not be entitled to recover damages at common law in respect of that failure.

(4) An employee who has been dismissed shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under this Part if, as a result of the dismissal—

(a) the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun,

(b) in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993, a rights commissioner has issued a recommendation in respect of the dismissal, or

(c) the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.

(5) If an employee who has been dismissed has referred the case of the dismissal to the Labour Court under section 77 and either a settlement has been reached by mediation or the Labour Court has begun an investigation under section 79 —

(a) the employee shall not be entitled, as a result of the dismissal, to recover damages at common law for wrongful dismissal, and

(b) the employee shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts, 1977 to 1993, in respect of the dismissal.

(6) The reference in subsection (5) to an investigation under section 79 does not include an investigation where—

(a) after the reference of the case under section 77 , the Labour Court exercises its power under section 78 (2)(a),

(b) subsequently the Labour Court issues a notice under section 78 (6), and

(c) no application is made under section 78 (7)(b) for the resumption of the hearing of the case.

102. —(1) Where—

(a) a case is referred to the Director under section 77 ,

(b) a matter is referred to the Director under section 85 , or

(c) a collective agreement is referred to the Director under section 86 , and, at any time after the expiry of 1 year from the date of the reference, it appears to the Director that the complainant has not pursued, or has ceased to pursue, the reference, the Director may strike out the reference.

(2) Where—

(a) a case is referred to the Labour Court under section 77 , or

(b) an appeal is brought to the Labour Court under this Part,

and, at any time after the expiry of 1 year from the date of the reference or, as the case may be, the bringing of the appeal, it appears to the Labour Court that the complainant or, as the case may be, the appellant has not pursued, or has ceased to pursue, the matter, the Labour Court may strike out the reference or, as the case may be, the appeal.

(3) As soon as practicable after striking out a reference, the Director or, as the case may be, the Labour Court shall give notice in writing to the complainant and the respondent or respondents.

(4) As soon as practicable after striking out an appeal, the Labour Court shall give notice in writing to the appellant and the other party to the appeal.

(5) Where a reference or appeal is struck out under this section, no further proceedings may be taken in relation to that reference or appeal; but nothing in this section prevents any person from making a further reference in relation to the same matters (subject to any applicable time limit).

(6) In this section “the complainant”, “the respondent” and “the respondents” have the same meanings as in section 77 , 85 or 8 6 according to the nature of the reference concerned.

103. —(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963 , are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all relevant compensation payable under this Part by the company, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.

(2) There shall be included among the debts which, under section 81 of the Bankruptcy Act, 1988 , are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all relevant compensation payable under this Part by the bankrupt or arranging debtor, as the case may be, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.

(3) For the purposes of this section “relevant compensation” means sums ordered to be paid by way of redress by virtue of—

(a) an order of the Circuit Court on a reference under section 77 (3),

(b) a decision or determination under section 79 (6) (including that provision as applied by section 85 (2)),

(c) a determination of an appeal under section 83 (4), or

(d) an order of the Circuit Court under section 90 , 91 or 9 3.

(4) In the Protection of Employees (Employers' Insolvency) Act, 1984 , section 6 (which provides for certain amounts to be paid out of the Social Insurance Fund) shall be amended in accordance with subsections (5) and (6).

(5) At the end of subsection (2)(a)(viii)(II) there shall be inserted “or (III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103 (3) of the Employment Equality Act, 1998,”.

(6) In subsection (4)(c), after subparagraph (v) there shall be inserted—

“(vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless—

(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.”.

104. —(1) Save as provided for by section 77 (10), nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the Director, the Labour Court or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part.

(2) If requested to do so by an officer, within the meaning of the Defence Act, 1954 , who is authorised in that behalf, the Director shall—

(a) investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the Director or the Labour Court under this Part or of proceedings before the Circuit Court under section 77 (3), and

(b) make a recommendation in respect of that matter to the officer concerned.

(3) A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the Director made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation.

(4) The Director shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation.

105. —The Industrial Relations Act, 1990 , is hereby amended—

(a) in section 9 (application of provision of Part II of that Act), by the substitution in subsection (4) for “an equality officer” of “the Director of Equality Investigations”,

(b) in section 25 (functions of the Labour Relations Commission)—

(i) by the deletion, in subsection (1), of paragraph (e), and

(ii) by the deletion, in subsection (8), of “ section 8 (2) of the Anti-Discrimination (Pay) Act, 1974 , or”,

(c) by the deletion of section 37 (equality officers), and

(d) in section 42 (codes of practice), by the substitution in subsection (4) for “a rights commissioner or an equality officer” of “the Director of Equality Investigations or a rights commissioner”.