Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Ireland (Ratification: 1999)

The Committee notes with regret 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:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that, by virtue of section 3(1) of the Child Trafficking and Pornography Act, it is prohibited to organize or knowingly facilitate the entry into, transit through, or exit from the State, of a child for the purpose of his/her sexual exploitation. It had also noted that a child is defined under this Act as a person under 17 years of age. It had accordingly requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation. The Committee notes with interest the Government’s information that the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006 is due to be published in 2006. It notes that this Bill contains provisions punishing: the trafficking of persons, including children; the sale of children for purposes of sexual exploitation; and other offences related to the sexual exploitation of children. Section 2 of this Bill defines a “child” as a person under 18 years of age. With regard to trafficking, section 3(1) punishes any person who recruits, transports, transfers to another person, harbours or knowingly arranges or facilitates: (a) the entry into, travel within, or departure from the State of a person; or (b) the provision of accommodation or employment in the State for that person, for the purpose of the trafficked person’s exploitation. “Exploitation” is defined as labour exploitation (including forced labour, slavery and servitude) and sexual exploitation (including child pornography, prostitution, any sexual activity which is an offence). The Committee notes that, by virtue of section 3 of the Bill, some circumstances, such as the use of coercion, fraud or position of authority against the victim of trafficking, have not to be proved when the trafficked person is a child. Moreover, section 3(3) provides for an increased penalty if the person trafficked is a child. The Committee requests the Government to provide information on any progress towards the adoption of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Child Trafficking and Pornography Act prohibits the production and distribution of child pornography, as well as the use of a child for the production of child pornography (section 3). However, it had noted that, by virtue of section 2 of the Act, a child means a person under the age of 17 years. It had requested the Government to provide information on the measures taken or envisaged to prevent the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances. The Committee notes with interest that the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006 provides for some offences related to child prostitution. In particular, section 5 of this Bill punishes anyone who solicits a child, or offers a child or another person a financial advantage for the purpose of the “sexual exploitation” of the child. Section 6 punishes anyone who controls the activities of a child, or recruits a child, for the purpose of the child’s “sexual exploitation”. The Committee notes that section 2 defines a “child” as a person under 18 years of age. The same section also states that the term “sexual exploitation” includes “the production of child pornography or the participation of a child in child pornography or in something that is indecent or obscene”. The Committee requests the Government to provide information on any progress towards the adoption of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Child Care Act protects children from the use of drugs but not from being used, procured or offered for the trafficking of drugs. It notes that the Child Care (Amendment) Bill of 2006 referred to by the Government contains no provisions prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. It once again requests the Government to indicate whether legal provisions exist prohibiting the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. If not, it requests the Government to provide information on the measures taken to this end.

Article 3, clause (d), and Article 4. Hazardous work. Self-employed workers. The Committee had previously noted that by virtue of section 1 of the Protection of Young Persons (Employment) Act, self-employed children are not covered by this Act. It had requested the Government to indicate the measures envisaged or taken to ensure the protection of self-employed workers under 18 years of age against hazardous work. The Committee notes the Government’s statement that young persons are not generally employed on a self-employed basis (with the so-called “contract for services”), as they would not, having particular regard to their age, the general experience to work on such basis. It also notes the Government’s information that the occupational health and safety legislation applies to all persons at work (whether employed under a “contract of services” or a “contract for services”) and to all employment and places of work. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s information that, as a part of the National Partnership Agreement “Towards 2016”, a new statutory Office of the Director for Employment Rights Compliance (ODERC) is planned to be established under the aegis of the Department of Enterprise, Trade and Employment (DETE). Moreover, as a part of the comprehensive strategy to ensure the employment rights compliance, a reconfiguration of the labour inspectorate is planned, which will also include an increase of the number of inspectors from 31 to 90 by the end of 2007. The Committee notes the Government’s information that – contrary to infringements of other provisions – the breaches discovered by inspectors under the Protection of Young Persons (Employment) Act (PYPA) are referred for prosecution after a first inspection. The Committee takes note of the comprehensive information provided by the Government on the inspections carried out under the PYPA from 2001 to 2005. In particular, it notes that from 2001 to 2005 the inspections under the PYPA have increased. In 2005, there have been 2007 (2.84 per cent of the total inspections) inspections under the PYPA, following which 24 cases were referred for prosecution. Common breaches of the PYPA include night work, working in excess of 40 hours per week or in excess of eight hours per day, and not receiving rest breaks.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to education. The Committee notes the Government’s information that the Education (Welfare) Act of 2000 seeks to address the underlying causes for non-attendance at school by helping children and their families and by identifying, at an early stage, children who may be at risk of developing school attendance problems. This Act establishes the National Educational Welfare Board (NEWB) as a statutory body. It also raises the school leaving age to 16, or the age on completion of three years’ post-primary education, whichever is the later. The Act also provides that the appointed liaison officers will, inter alia, liaise with the DETE, including its Labour Inspectorate. The Committee notes that, according to the Government, this Act makes specific provisions for the continuing education and training of young persons of 16 and 17 years of age who leave school early to take up employment. These young persons are registered with the NEWB. This system prevents employers from employing early school leavers who are not registered with the Board for this purpose, and obliges employers to notify the Board when they employ an early school leaver.

Clause (d). Identifying and reaching out to children at special risk. Unaccompanied children. The Committee notes the Government’s information that children who require special protection are looked after under the childcare welfare and protection services of the Health Services Executive (HSE). Moreover, children who appear to arrive unaccompanied in the State are referred by immigration officials or the Office of the Refugee Applications Commissioner to the HSE. The provisions of the Child Care Act, 1991, require the HSE to promote the welfare of children in its area who are not receiving adequate care and protection. The Committee notes the detailed data provided by the Government on the number of children in care from 2003 to 2005 disaggregated by reasons for children being in care, including sexually abused children and separated children seeking asylum. It also notes the specific statistical data on the number of unaccompanied minors seeking asylum in the period 2002–04 (679 children in 2004) as well as the number of unaccompanied minor asylum applications presented in the period 2003–05 (132 applications in 2005).

Part V of the report form. Practical application of the Convention. The Committee requests the Government to continue supplying copies of extracts from official documents including studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, reports, investigations, prosecutions, convictions and penalties applied.