§ Mr. McNamaraTo ask the Secretary of State for Northern Ireland, pursuant to his answer of 12 November 2001,Official Report, column 516W, how many section 42 certificates have been issued in each year since 1976; what further consideration he has given the terms of the Devlin judgment; and how many cases involving section 42 certificates are being considered by a fair employment tribunal. [29810]
§ Jane KennedyThe information pertaining to section 42 certificates is not recorded centrally but a check of our records shows that 43 certificates have been issued, in respect of 39 individuals, under section 42 of the Fair Employment (NI) Act 1976. The following table gives a breakdown by year.
Year Number of certificates 1977 1 1978 3 1980 2 1981 4 1982 1 1983 1 1984 16 1985 2 1986 1 1987 2 1988 7 1989 1 1990 3 1991 4 1993 4 1994 11 1 Of the certificates issued in 1984 and 1994, four were reissues. No further certificates have been issued since 1994.
768WFollowing further consideration of the implications of the Devlin judgment, it has been decided not to seek a reference of this case to the Grand Chamber of the Court in Strasbourg.
We are aware of seven outstanding section 42 cases before a fair employment tribunal, five of which we believe are being handled by the devolved Administration in Northern Ireland.