Andrew Boylan
Ceist:131 Mr. Boylan asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has to regulate drug screening here; and if she will make a statement on the matter. [26693/00]
Written Answers. - Drug Screening Regulations.
Monica Barnes
Ceist:155 Mrs. Barnes asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of genetic screening of employees or potential employees in the workforce; and if she will make a statement on the matter. [26695/00]
Denis Naughten
Ceist:165 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the current protections which are in place to regulate genetic and drug screening of employees; and if she will make a statement on the matter. [26697/00]
I propose to take Questions Nos. 131, 155 and 165 together.
Drug testing of employees and potential candidates seeking employment is not a feature of the Irish labour market. It is, I understand, a more common practice in the US.
I am advised that drug screening has no legal basis and cannot be carried out without a person's consent as under the Constitution, it may be an infringement of human rights in relation to privacy and bodily integrity to do so. Even if it were a condition of a contract of employment that employees or potential employees were required to undergo drug screening, the prior consent of the employee would be required.
Furthermore, the retention of records by employers or disclosure of information to other potential employers could be in contravention of the Data Protection Act, 1988, which requires that all information held by employers should be relevant to the position held by the employee. In addition, there would also be breaches of the Freedom of Information Act, 1998, in relation to public servants if records relating to them were transferred to another employer.
Requiring some employees and not others to undergo drug screening would also be discriminatory under the Equality Act, 1998.
Finally, because of the complexity of the issue, I have no proposals to introduce legislation to regulate drug testing of employees. I should say that any employee, whose employer is attempting to implement drug screening procedures, should refer the matter to the employment rights section of my Department. I would ask Members of this House to provide me with any information they may have of any such cases, so that my labour inspectorate can check out the situation on the ground.
Question No. 132 taken with Question No. 78.