HC Deb 21 April 1989 vol 151 cc316-9W
Mr. McNamara

To ask the Secretary of State for Northern Ireland if he will list the employers in Northern Ireland the Fair Employment Agency has(a) chosen or (b) had discussions with to revoke or modify directions previously given under subsection 2(i) or 2(ii) under part II, section 13(5)(a) or (b) of the Fair Employment Act (Northern Ireland) 1976 to date.

Mr. Viggers

Following is the information requested.

  • Cookstown district council.
  • Armagh district council.
  • Lough Neagh fishermen's co-operative.

Mr. McNamara

To ask the Secretary of State for Northern Ireland if he will list(a) the number and type of cases referred under the Fair Employment Act (Northern Ireland) 1976 to the county court, the number and (b) type of findings upheld or overturned by the court and the employers concerned; and if he will place in the Library copies of the judgments in each case.

Mr. Viggers

The tables provide details of cases heard by the county court. It is not normal practice to place judgments in the Library but they may be obtained on request from the county court, Courthouse, Crumlin road, Belfast.

Table 3
Appeals by complainants against FEA findings of no discrimination under section 28(3) of The Fair Employment (Northern Ireland) Act 1976
Date appeal lodged Respondent organisation Outcome of appeal (findings upheld or overturned)
June 1979 Department of Health and Social Services Upheld
July 1984 Department of the Environment Upheld
October 1984 F. A. Wellworth Co. Ltd. Upheld
January 1985 Anglo Irish Meats Overturned
November 1985 Short Brothers Pic Upheld
April 1986 NI Postal and Telecommunications Board Upheld
June 1988 Belfast City Council Upheld

Mr. McNamara

To ask the Secretary of State for Northern Ireland which employers have made a compensatory payment to a complainant under the Fair Employment Act (Northern Ireland) 1976; and what were the sums involved in each case, the original date of each settlement and the eventual date of payment, from 1976 to the present time.

Mr. Viggers

This is a matter for the chairman of the Fair Employment Agency. I understand that there have been 41 cases, the details of which are in the following table. It would not be in the best interests of the work of the agency to release the names of parties involved in the cases under section 24 of the Act.

Respondent Date of settlement Date of Payment Amount
Food, Drink and Tobacco 22 September 1980 7 October 1980 780.00
Textile and Clothing 14 January 1982 3 March 1982 750.00
Construction 6 June 1981 10 March 1982 500.00
Manufacturing 11 June 1982 18 July 1982 5,500.00
Local Authority 6 August 1982 26 August 1982 1,000.00
Other Employer 14 September 1982 16 September 1982 550.00
Health and Social Services Board 27 August 1982 22 September 1982 4,350.00
Local Authority 30 November 1982 22 December 1982 3,000.00
Other Public Body 19 October 1983 14 November 1983 1,500.00
Food, Drink and Tobacco 25 October 1983 17 November 1983 1,500.00
Local Authority 20 October 1983 2 December 1983 1,500.00
Other Public Body 24 October 1983 22 December 1983 2,500.00
Health and Social Services Board 25 January 1984 9 March 1984 1,400.00
Vocational Organisation 7 March 1984 3 May 1984 10,000.00
Education and Library Board 8 June 1984 12 October 1984 1,500.00
Vocational Organisation 26 October 1984 15 November 1984 250.00
Vocational Organisation 26 October 1984 15 November 1984 250.00
Vocational Organisation 26 October 1984 15 November 1984 250.00
Distributive 6 December 1984 14 December 1984 350.00
Other Employer 1 May 1985 2 May 1985 1,000.00
Food, Drink and Tobacco 8 November 1985 20 December 1985 2,100.00
Education and Library Board not available 11 April 1986 2,000.00
Engineering not available 15 October 1986 507.50
Engineering not available 15 October 1986 510.00
Other Employer not available 30 October 1986 4,900.00
Education and Library Board not available 18 November 1986 4,7590.4
Education and Library Board not available 12 May 1987 3,279.48
Local Authority 13 May 1987 17 June 1987 1,500.00
Other Employer 13 May 1987 23 June 1987 1,892.28
Education and Library Board not available 13 October 1987 2,035.26
Local Authority not available 12 November 1987 3,425.75
Manufacturing 16 November 1987 19 November 1987 2,350.00
Manufacturing not available 28 November 1987 5,000.00
Construction not available 22 December 1987 3,500.00
Engineering 5 January 1988 5 January 1988 2,000.00
Health and Social Services Board not available 3 February 1988 1,673.80
Health and Social Services Board not available 29 March 1988 4,000.00
Other Employer not available 8 April 1988 1,000.00
Education and Library Board not available 14 April 1988 3,541.09
Education and Library Board not available 17 October 1988 2,397.29
Local Authority not available 3 April 1989 19,319.57

Mr. McNamara

To ask the Secretary of State for Northern Ireland how many complaints under section 24 of the Fair Employment Act (Northern Ireland) 1976, of unlawful discrimination the Fair Employment Agency has declined to pursue; and what reasons have been given in each case.

Mr. Viggers

I understand from the chairman of the Fair Employment Agency that the agency has declined to pursue 137 complaints under section 24 of the Fair Employment (Northern Ireland) Act 1976 for the reasons specified:

Number
(1) Adjudged Frivolous 35
(2) Outside the time limits 71
(3) Outside the Scope of the Legislation 15
(4) Considered by another Statutory Body 1
(5) Failure by Complainant to provide sufficient information 15

Mr. McNamara

To ask the Secretary of State for Northern Ireland how many complaints under section 24 of the Fair Employment Act (Northern Ireland) 1976, have been made against(a) public bodies, and (b) private employers; and what has been the outcome in each case.

Mr. Viggers

The position as at 31 March 1989 is shown in the following table:

Private Sector Public Sector Trade Unions
Total Number of Complaints 391 432 3
Unlawful Discrimination 26 32 1
No Discrimination 190 208 2
Section 42 1 26
Section 52 1
Withdrawn or not pursued 103 112
Outstanding 71 53

The agency's annual reports, which are available in the Library, contain an account of investigations under section 24 of the Act.

Mr. McNamara

To ask the Secretary of State for Northern Ireland how many complaints by year under the Fair Employment Act (Northern Ireland) 1976 have been discontinued by virtue of section 42 of the Act, listing the employing body in each case and the religious affiliation of the complainant.

Mr. Viggers

The recorded number of section 42 certificates signed by Northern Ireland Office Ministers in each year since 1976 is as follows:

Year Number
1976 0
1977 1
1978 3
1979 0
1980 1
1981 3
1982 1
1983 1
1984 3
1985 1
1986 1
1987 2
1988 5
1989 1

Nine cases involved either the Northern Ireland Office or Northern Ireland Departments whilst the other 14 involved public bodies in Northern Ireland. It is understood that of the complainants involved, 20 were Roman Catholic and three were Protestants.