Employment Equality Act 1998

Supplementary provisions as to information.

97

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 F170 [ Director General of the Workplace Relations Commission ], an F170 [ 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 F170 [ Director General of the Workplace Relations Commission ] or any other person, by virtue of sections 94 to 96 , 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 F170 [ Director General of the Workplace Relations Commission ] 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.

Annotations:

Amendments:

F170

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), (iii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C46

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.