[Congressional Record Volume 141, Number 6 (Wednesday, January 11, 1995)]
[Extensions of Remarks]
[Pages E72-E74]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MACBRIDE PRINCIPLES BILL, H.R. 470
______
HON. BENJAMIN A. GILMAN
of new york
in the house of representatives
Wednesday, January 11, 1995
Mr. GILMAN. Mr. Speaker, today I rise to introduce the MacBride
Principles Bill H.R. 470. I am pleased to be joined by my distinguished
colleague, the gentleman from New York [Mr. Manton], as an original
cosponsor of this important measure. I am also pleased to cochair the
bipartisan ad hoc Committee for Irish Affairs with Mr. Manton.
Fair employment for Catholics in Northern Ireland is an issue that
has concerned me for a very long time. For example, in a letter as far
back as July 20, 1979, I requested the Irish National Caucus to
investigate hiring practices of United States companies in Northern
Ireland. This was the first time this issue was raised by anyone in the
U.S. Congress.
The caucus investigation lead to a congressional bill H.R. 3465:
``Requiring United States persons who conduct business or control
enterprises in Northern Ireland to comply with certain fair employment
principles,'' 1983. I was a proud cosponsor of that bill in time this
led to the Irish National Caucus launching the MacBride Principles bill
in November of 1984. On October 1, 1986, I was cosponsor of the
congressional MacBride bill. This is the bill I proudly reintroduce
today as the 104th Congress begins legislative business.
This bill would prohibit United States companies in Northern Ireland
from exporting their products back to the United States unless they are
in compliance with the MacBride Principles.
The MacBride Principles campaign in the United States has been the
most effective effort ever against anti-Catholic discrimination in
Northern Ireland. Informed observers would agree that it has played a
key role in putting the issue of anti-Catholic discrimination on the
front burner. It was instrumental in bringing about the British
Government's Fair Employment Act of 1989.
The MacBride Principles have won the support of the Irish Government,
the European Parliament, and the President of the United States. Mr.
Clinton as a candidate pledged during the 1992 Presidential campaign
that he would support the principles. As President, on St. Patrick's
Day in 1993 in the White House, Mr. Clinton reaffirmed his support for
the principles. They have been passed into law in 16 States, including
my own great State of New York. Over 40 cities have also passed laws or
resolutions on the principles. Indeed, the U.S. Congress allowed the
principles to become law for the District of Columbia on March 16,
1993.
Recently the Protestant and Catholic churches in Ireland joined with
Protestant and Catholic churches of the United States of America and
issued a call for fair employment and investment in Northern Ireland.
This is what they said about the MacBride Principles.
Many Americans support the MacBride Principles, as
amplified, as good faith, nonviolent means to promote fair
employment. We urge that any support of these amplified
principles, which offer positive values and focus on fair
employment, be joined with continued support for strong,
fair, employment measures and as an active commitment to
investment and job creation. The amplified principles, as
many of their advocates agree, should not be used to
discourage investment or encourage disinvestment.
Since 1986, over 100 Members of Congress have declared their support
for the MacBride principles, as has the current Clinton administration,
as well. Now, surely with peace moving forward and political solutions
being sought for Northern Ireland, it is time for Congress to pass the
MacBride principles, and also incorporate the principles as part of any
planned increase in economic development assistance and new United
States investment
[[Page E73]] we are encouraging into Northern Ireland in aid of the
ongoing peace process.
The methods we use to help address the twin problems of unemployment
and discrimination, especially in the Catholic community, can and will
play a important role in the chances for lasting peace and justice
developing in Northern Ireland. For without a shared and equally
distributed economic development, among both traditions, peace and
justice may never take firm and lasting hold in Northern Ireland. The
MacBride principles provide us a real tool to help being all these
important goals to fruition, and avoid merely maintaining the totally
unacceptable status quo of twice the level of Catholic unemployment in
Northern Ireland.
Accordingly, I urge my colleagues concerned about lasting peace and
justice in Northern Ireland to support the bill we are introducing
today. I request that the full text of this measure be included at this
point in the Record.
H.R. 470
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Ireland Fair
Employment Practices Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Currently, overall unemployment in Northern Ireland is
approximately 13 percent, as compared
to 9 percent in the rest of the United Kingdom.
(2) Unemployment in the minority community in Northern
Ireland is 22.8 percent, and in some portions of the minority
community unemployment has historically exceeded 70 percent.
(3) The British Government Fair Employment Commission
(F.E.C.), formerly the Fair Employment Agency (F.E.A.), has
consistently reported that a member of the minority community
is two times more likely to be unemployed than a member of
the majority community.
(4) The Investor Responsibility Research Center (IRRC),
Washington, District of Columbia, lists 80 publicly held
United States companies doing business in Northern Ireland,
which employ approximately 11,000 individuals.
(5) The religious minority population of Northern Ireland
is subject to discriminatory hiring practices by some United
States businesses which have resulted in a disproportionate
number of minority individuals holding menial and low-paying
jobs.
(6) The MacBride Principles are a nine point set of
guidelines for fair employment in Northern Ireland which
establishes a corporate code of conduct to promote equal
access to regional employment but does not require
disinvestment, quotas, or reverse discrimination.
SEC. 3. RESTRICTION ON IMPORTS.
An article from Northern Ireland may not be entered, or
withdrawn from warehouse for consumption, in the customs
territory of the United States unless there is presented at
the time of entry to the customs officer concerned
documentation indicating that the enterprise which
manufactured or assembled such article was in compliance at
the time of manufacture with the principles described in
section 5.
SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES.
(a) Compliance.--Any United States person who--
(1) has a branch or office in Northern Ireland, or
(2) controls a corporation, partnership, or other
enterprise in Northern Ireland, in which more than twenty
people are employed shall take the necessary steps to insure
that, in operating such branch, office, corporation,
partnership, or enterprise, those principles relating to
employment practices set forth in section 5 are implemented
and this Act is complied with.
(b) Report.--Each United States person referred to in
subsection (a) shall submit to the Secretary--
(1) a detailed and fully documented annual report, signed
under oath, on showing compliance with the provisions of this
Act; and
(2) such other information as the Secretary determines is
necessary.
SEC. 5. MACBRIDE PRINCIPLES.
The principles referred to in section 4 are the MacBride
Principles, which are as follows:
(1) Increasing the representation of individuals from
underrepresented religious groups in the work force including
managerial, supervisory, administrative, clerical, and
technical jobs.--A workforce that is severely unbalanced may
indicate prima facie that full equality of opportunity is not
being afforded all segments of the community in Northern
Ireland. Each signatory to the MacBride Principles must make
every reasonable lawful effort to increase the representation
of underrepresented religious groups at all levels of its
operations in Northern Ireland.
(2) Adequate security for the protection of minority
employees both at the workplace and while travelling to and
from work.--
While total security can be guaranteed nowhere today in
Northern Ireland, each signatory to the MacBride
Principles must make reasonable good faith efforts to
protect workers against intimidation and physical abuse at
the workplace. Signatories must also make reasonable good
faith efforts to ensure that applicants are not deterred
from seeking employment because of fear for their personal
safety at the workplace or while travelling to and from
work.
(3) The banning of provocative religious or political
emblems from the workplace.--Each signatory to the MacBride
Principles must make reasonable good faith efforts to prevent
the display of provocative sectarian emblems at their plants
in Northern Ireland.
(4) All job openings should be advertised publicly and
special recruitment efforts made to attract applicants from
underrepresented religious groups.--Signatories to the
MacBride Principles must exert special efforts to attract
employment applications from the sectarian community that is
substantially underrepresented in the workforce. This should
not be construed to imply a diminution of opportunity for
other applicants.
(5) Layoff, recall, and termination procedures should not
in practice favor a particular religious group.--Each
signatory to the MacBride Principles must make reasonable
good faith efforts to ensure that layoff, recall, and
termination procedures do not penalize a particular religious
group disproportionately. Layoff and termination practices
that involve seniority solely can result in discrimination
against a particular religious group if the bulk of employees
with greatest seniority are disproportionately from another
religious group.
(6) The abolition of job reservations, apprenticeship
restrictions, and differential employment criteria which
discriminate on the basis of religion.--Signatories to the
MacBride Principles must make reasonable good faith efforts
to abolish all differential employment criteria whose effect
is discrimination on the basis of religion. For example, job
reservations, and apprenticeship regulations that favor
relatives of current or former employees can, in practice,
promote religious discrimination if the company's workforce
has historically been disproportionately drawn another
religious group.
(7) The development of training programs that will prepare
substantial numbers of current minority employees for skilled
jobs including the expansion of existing programs and the
creation of new programs to train, upgrade, and improve the
skills of minority employees.--This does not imply that such
programs should not be open to all members of the workforce
equally.
(8) The establishment of procedures to assess, identify,
and actively recruit minority employees with potential for
further advancement.--This section does not imply that such
procedures should not apply to all employees equally.
(9) The appointment of a senior management staff member to
oversee the company's affirmative action efforts and the
setting up of timetables to carry out affirmative action
principles.--In addition to the above, each signatory to the
MacBride Principles is required to report annually to an
independent monitoring agency
on its progress in the implementation of these Principles.
SEC. 6. WAIVER OF PROVISIONS.
(a) Waiver of Provisions.--In any case in which the
President determines that compliance by a United States
person with the provisions of this Act would harm the
national security of the United States, the President may
waive those provisions with respect to that United States
person. The President shall publish in the Federal Register
each waiver granted under this section and shall submit to
the Congress a justification for granting each such waiver.
Any such waiver shall become effective at the end of ninety
days after the date on which the justification is submitted
to the Congress unless the Congress, within the ninety-day
period, adopts a joint resolution disapproving the waiver. In
the computation of such ninety-day period, there shall be
excluded the days on which either House of Congress is not in
session because of an adjournment of more than three days to
a day certain or because of an adjournment of the Congress
sine die.
(b) Consideration of Resolutions.--
(1) Any resolution described in subsection (a) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(2) For the purpose of expediting the consideration and
adoption of a resolution under subsection (a) in the House of
Representatives, a motion to proceed to the consideration of
such resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House
of Representatives.
SEC. 7. DEFINITIONS AND PRESUMPTIONS.
(a) Definitions.--For the purpose of this Act--
(1) the term ``United States person'' means any United
States resident or national and any domestic concern
(including any permanent domestic establishment of any
foreign concern);
(2) the term ``Secretary'' means the Secretary of Commerce;
and
(3) the term ``Northern Ireland'' includes the counties of
Antrim, Armagh, Londonderry, Down, Tyrone, and Fermanagh.
(b) Presumption.--A United States person shall be presumed
to control a corporation, partnership, or other enterprise in
Northern Ireland if--
[[Page E74]] (1) the United States person beneficially
owns or controls (whether directly or indirectly) more than
50 percent of the outstanding voting securities of the
corporation, partnership, or enterprise;
(2) the United States person beneficially owns or controls
(whether directly or indirectly) 25 percent or more of the
voting securities of the corporation, partnership, or
enterprise, if no other person owns or controls (whether
directly or indirectly) an equal or larger percentage;
(3) the corporation, partnership, or enterprise is operated
by the United States person pursuant to the provisions of an
exclusive management contract;
(4) a majority of the members of the board of directors of
the corporation, partnership, or enterprise are also members
of the comparable governing body of the United States person;
(5) the United States person has authority to appoint the
majority of the members of the board of directors of the
corporation, partnership, or enterprise; or
(6) the United States person has authority to appoint the
chief operating officer of the corporation, partnership, or
enterprise.
SEC. 8. EFFECTIVE DATE.
This act shall take effect 180 days after the date of
enactment of this Act.
____________________