Mr. Speaker, I should like to speak to Motion No. 7 that is before us.
I congratulate the member for Hochelaga-Maisonneuve who has been an excellent member of the committee on human rights which I had the privilege of chairing and which looked into bill before the House today. The member made a lot of useful contributions to the committee. I am glad he affixed his signature to the majority report.
There are still sentiments the particular member would like to continue to advance. I respect his need to see to it that employees' representatives be at the management table. Although he indicated that the amendment would not result in co-management, I think there are grave doubts and concerns about the amendment. That is why the majority of committee members saw to it that it would not happen.
Why was that? It was because one of the underlying principles of the bill was a balanced approach to the setting of plans and the implementation of the employment equity plan. In that so-called balanced approach we must ensure that as we invoke obligations for employers we do not provide them with unnecessary' onerous and impractical burdens. Were the employees to be given this right despite the disclaimer it is very conceivable that it can be construed as a co-management approach. Certainly we feel it will add a real burden for businesses in particular.
In recognition of the contribution of the member for Hochelaga-Maisonneuve we amended the bill to see to it that employers and employees collaborate and consult in the preparation of the plan. We would have liked to have seen the employees' representatives being in on the co-management approach. In the spirit of co-operation at committee level we saw to it that employers would provide information to the employees about the purpose of the employment equity measures of the bill to be undertaken to implement a given employment equity plan.
The committee also made the point that the bill would not require public availability of employment equity plans which, to be effective, would contain confidential and proprietary information on the part of businesses. Every member of the House would like to see to it that we do not divulge what businesses feel are their proprietary properties and therefore necessary to ensure their competitive advantage in the business world.
We feel we must reject the amendment. In effect it would take the prerogative of management from employers. It would impose an impractical burden on them. Since the act in its totality imposes that legal obligation only on employers for failure to set and adopt an employment equity plan, it is only fair that this kind of
responsibility rests solely with employers where the legal obligation rests.
I can conceive of one possibility, for example. In the process of the joint approach to the development of the plan the bargaining agent for the employees, for reasons not related to the implementation of the equity plan, could stall or delay the finalization of the plan for reasons other than related to the employment equity plan. It would delay what we would like to have happen. On that basis we have to continue to retain the prerogative of the act to give the obligation, responsibility and privilege to employers.
Briefly, again to put into context the motion before us, why it is important that we not overburden employers? In the beginning the employment equity concept in Canada started as a consequence of bias, of prejudice against employers. Those instances happened before the sixties and in the sixties the practice was recognized. Human rights legislation was enacted to potentially correct the biases and discrimination.
It proved to be those approaches were not sufficient and so came the second phase in the evolution of the concept, that there exists systemic barriers in the system, unintended bias one may call it, systemic discrimination, but not without malice.
To solve the problem of systemic barriers it is important to get the full co-operation of employers and the business side. It is important that we do not introduce any kind of provision in the act that businesses will see as an additional burden.
Canada should be proud today that in so far as the employment equity legislation is concerned we nearly have unanimous support from the business community at large. We should thank that community for its confidence in the initiative of the government. We should continue to recognize that privilege. If we work on a co-operative and collaborative basis, the more we will achieve. Canada is unique in that regard. I can sense the hon. member is now agreeing to the arguments I am proposing.
We welcome the contribution of the member, but I feel we should reject the motion for the reasons I have indicated. We need the full provisions of the employment equity law in Canada and we need to reinforce it very strongly. Now that we have extended the coverage and now that we have invoked an enforcement mechanism, the world is looking at us as a model. Contrary to an earlier amendment from the third party, we have embarked upon a new milestone, the further evolution of the concept of employment equity.
As I said earlier in the debate on another motion, the committee in its wisdom respecting employment equity made a commitment to merit. I think even Mr. Speaker is smiling at the beauty of this report.
I ask members to reject this motion.