Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ireland (Ratification: 1955)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government's report regarding the number of workers employed in "excepted bodies" under the negotiation licence provisions of the Trade Union Act, 1941. Although from the Government's report such "excepted bodies" are free to engage in collective bargaining, they do not enjoy the immunities under the Industrial Relations Act, 1990, in relation to industrial action. The Government further states that information is not available on the extent to which such bodies engage in collective bargaining.

The Committee would recall that under Article 4 of the Convention, the Government should take measures appropriate to national conditions to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations and workers' organizations. Only public servants engaged in the administration of the State are exempted from these terms. The Committee would therefore request the Government to indicate in its next report the measures taken to apply Article 4 to these bodies as well as to continue to indicate the number of excepted bodies and, to the extent possible, their membership.

The Committee also requests the Government to provide in its next reports updates on the activities of the Industrial Relations Commission and on the adoption of any further codes of practice (sections 42 and 43 of the Act).