Industrial Relations Act 1990

Functions of the Commission.

25

25. (1) The Commission shall have general responsibility for promoting the improvement of industrial relations and shall—

( a) provide a conciliation service;

( b) provide an industrial relations advisory service;

( c) prepare codes of practice relevant to industrial relations after consultation with unions and employer organisations;

( d) offer guidance on codes of practice and help to resolve disputes concerning their implementation;

( e) F10 [ ]

( f) select and nominate persons for appointment as rights commissioners and provide staff and facilities for the rights commissioner service;

( g) conduct or commission research into matters relevant to industrial relations;

( h) review and monitor developments in the area of industrial relations;

( i) assist joint labour committees and joint industrial councils in the exercise of their functions.

(2) The Commission may at the request of one or more parties to a trade dispute or on its own initiative offer the parties its appropriate services with a view to bringing about a settlement.

(3) Except where there is specific provision for the direct reference of trade disputes to the Labour Court, trade disputes shall first be referred to the Commission or to its appropriate services.

(4) The Commission may, if it thinks fit, on request or on its own initiative, provide for employers, employers’ associations, workers and trade unions such advice as it thinks appropriate on any matter concerned with industrial relations.

(5) The functions referred to in subsection (1) (a), (b) or (d) shall be performed on behalf of the Commission by members of its staff duly appointed by the Commission.

(6) The Commission, a member of the Commission or any of its staff shall not include in any report any information obtained by it in the course of any proceedings before it under this Act as to any trade union or as to the business carried on by any person which is not available otherwise than through evidence given at the proceedings (including conciliation conferences and advisory meetings) without the consent of the trade union or person concerned, nor shall any member of the Commission or any of its staff or any person concerned in the proceedings, without such consent, disclose any such information.

(7) Subsection (6) shall not apply to a report to the Court under section 26 (1) (a) or a notice to the Court under section 26 (3) (a) or a report under section 48 (3) .

(8) Subsection (6) is without prejudice to F11 [ ] section 14 of the Industrial Relations Act, 1969.

Annotations:

Amendments:

F10

Deleted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(b)(i), S.I. No. 320 of 1999.

F11

Deleted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(b)(ii), S.I. No. 320 of 1999.

Modifications (not altering text):

C11

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3, part 1, commenced on enactment. This section is listed in sch. 3.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

Editorial Notes:

E15

Previous affecting provision: certain functions under subs. (6) excluded from obligation to refuse an FOI request (21.4.1998) by Freedom of Information Act 1997 (13/1997), s. 32, sch. 3 part 1, commenced as per s. 1(2). Subsection (6) is listed in sch. 3. Repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).