Equal Remuneration Convention, 1951 (No. 100) - Ireland (Ratification: 1974)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

Article 2 of the Convention. Measures to address the gender pay gap. In its previous comments, the Committee asked the Government to provide information on: (1) the adoption of the Gender Pay Gap Information Bill and its implementation; (2) the conclusions of and follow up to the August 2017 public consultation on measures to tackle the gender pay gap; and (3) the measures taken or envisaged to identify and combat unconscious gender bias in the workplace. It also asked the Government to envisage the possibility of introducing pay transparency to ensure that gender bias is eliminated when pay for performance bonuses are implemented. The Committee notes the Government’s indication that the National Strategy for Women and Girls 2017-20 envisages a package of measures undertaken to tackle the gender pay gap, such as initiating dialogue between the social partners, and developing and promoting practical information resources to explain and increase understanding of the multi-faceted aspects and causes of the gender pay gap. It adds that, during the public consultation from August to October 2017 on the factors contributing to the gender pay gap and measures to address it, 38 submissions were received from various stakeholders and that its results were discussed on 10 January 2018 at a national symposium. The Committee notes with interest that the Gender Pay Gap Information Bill was published in April 2019 and is being examined by the lower house of Parliament (Dáil Éireann). It provides for adoption of regulations by the Minister covering employers in the private and public sectors (initially those employing 250 or more employees, with this threshold being reduced to 50 in stages). Under these regulations, employers will be required to: (1) publish information showing whether there are differences in remuneration referable to gender and, if so, the size of such differences; and (2) publish statements setting out the reasons for such differences and the measures taken, or proposed to be taken, to eliminate or reduce such differences. The Government emphasizes that the Minister may appoint designated officers to investigate how employers prepare the information for publication to ensure its accuracy. The Committee asks the Government to provide information on the results obtained through: (i) the measures adopted under the National Strategy for Women and Girls 2017-20; and (ii) the adoption of the Gender Pay Gap Information Bill and its implementation.

Occupational segregation. Minimum wages. The Committee previously asked the Government to provide information on the measures taken or envisaged to: (1) improve the access of women to a wider range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented; (2) address the stereotypical assumption that family responsibilities should rest mainly on women; and (3) improve the enforcement of minimum wages. It also requested the Government to provide information on the impact of such measures on the gender pay gap. In reply, the Government refers to the National Strategy for Women and Girls 2017-20, which includes a set of actions to tackle the gender imbalance in science, technology, engineering and mathematics (STEM) education and careers. The STEM Education Policy Statement 2017-26 and Implementation Plan 2017-19 were published in November 2017 and a STEM awareness campaign launched in January 2019. It anticipated that targets would be set for women’s participation in 2019 and 2020 and that bursary incentives would be provided. The Committee further notes that the Citizens Assembly on gender equality, established by the Government with a view to bringing forward proposals to advance gender equality, first met in February 2020. In this regard, the Committee refers to its observation on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on the proposals made by the Citizens Assembly on gender equality and on their implementation in practice. Noting the absence of information in this regard, the Committee once again asks the Government to provide information on the steps taken to improve the enforcement of minimum wages, and the impact of such measures on the gender pay gap.

Article 3. Equality reviews and objective job evaluation. The Committee, in its previous comment, reiterated its request for information on the implementation of the gender pay review template, including on the findings of the reviews and their practical impact on addressing the gender pay gap, and any directly or indirectly discriminatory practices in respect of the payment of basic wages, additional allowances, bonuses or any other emoluments paid by the employer to the worker. It also requested information on any other measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods free from gender bias. The Committee notes the Government’s statement that no data is available on the extent of the use by employers of the gender pay review template, which is available free of charge on the Irish Human Rights and Equality Commission (IHREC) website. The Government adds that in 2018 the IHREC prepared a draft Code of Practice on Equal Pay to provide practical guidance to employers, employees and their representatives on the right to equal pay, the elimination of pay inequality and the resolution of pay disputes. The draft was referred to the Minister for Justice and Equality for approval in December 2018 and is currently under consideration. In light of the above, the Committee requests the Government to provide information on the status of the draft Code of Practice on Equal Pay. It once again asks the Government to provide information on any other measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods free from gender bias in both their design and implementation.

Statistics. The Committee notes the information provided by the Government in reply to its previous request, according to which the gender pay gap stood at 13.9 per cent in 2014. It notes that the latest figures published by the statistical office of the European Union (Eurostat) show that the gender pay gap rose to 14.4 per cent in 2017 and has been increasing annually since 2012, when it was 12.2 per cent, although remaining under the European Union average. The Committee notes the Government’s indication, based on 2014 figures, that the gender pay gap increases with age (from 0.8 per cent for people aged under 30 years to 22 per cent for those aged from 50 to 59 years) and that it was 14.1 per cent for professionals, 10.3 per cent for services and sales occupations (in which women are in the majority) and 20.9 per cent for craft and related trades (where men are in the majority). The Committee requests the Government to continue providing statistical information on the evolution of the gender pay gap, disaggregated by sector, occupation and educational level, in both the private and the public sectors.

Enforcement and judicial decisions. The Committee notes the detailed information provided by the Government in reply to its previous request on the 98 complaints alleging equal pay discrimination on the ground of gender filed with the Workplace Relations Commission (WRC) since its establishment on 1 October 2015, and their outcome. In this regard, it notes that 60 per cent of the complaints filed between 2015 and the end of June 2019 for which there is a known outcome were withdrawn before being resolved by mediation or adjudicated and that, of the 18 complaints adjudicated up to the end of June 2019, only two were upheld. The Committee also notes that, under the Gender Pay Gap Information Bill, the IHREC is given power to apply to the circuit court for an order requiring an employer to comply with its obligations under the Ministerial Regulations, and individual employees may bring a complaint to the WRC for non-compliance with reporting regulations by their employers. If it finds in favour of the employee, the WRC may order the employer to take a specified course of action to comply. However, there is no provision for the award of compensation to an individual employee. The Committee asks the Government to continue providing detailed information on the number and outcome of equal pay complaints. It also asks the Government to share any information that could explain the high number of complaints withdrawn before mediation or adjudication and the low number of complaints upheld by the Workplace Relations Commission.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Measures to address the gender pay gap. In its previous comments, the Committee noted that the gender pay gap had slightly increased, from 12.6 per cent in 2009 to 13.9 per cent in 2010, and that although gender segregation in occupations and in economic sectors had decreased, it remained above the European Union average. It therefore requested that the Government address more effectively the structural causes of the gender pay gap. The Committee notes that the Government’s report does not provide any information in response to its request. However, it notes, from the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the new National Women’s Strategy 2017–20 and its Actions 1.21, 1.22 and 1.23 aim to tackle the gender pay gap through, respectively: (i) a package of measures, (ii) dialogue with social partners, and (iii) by promoting wage transparency with companies of 50 or more employees. It further notes that a public consultation took place in August 2017, inviting interested parties to inform the development of the package of measures to tackle the gender pay gap, and to identify issues to be advanced through further discussion with union and employer stakeholders. The Committee also notes with interest the approval by the Government of the General Scheme of the Gender Pay Gap Information Bill. The Bill will, in fulfilment of Action 1.23 of the National Women’s Strategy, impose on employers with a certain number of employees from the private and public sectors (set at 50 or more after an initial period of operation for bigger firms) the obligation to publish detailed information on the gender pay gap in their firm. The Committee requests the Government to provide information on the adoption of the Gender Pay Gap Information Bill and its implementation. It requests the Government to provide information on the conclusions of the August 2017 public consultation, and to indicate the measures taken to implement these conclusions in order to effectively tackle the gender pay gap. Recalling that for a number of years it has been referring to individualized pay arrangements, and the fact that, overall, men benefited more than women from individualized pay setting, the Committee requests the Government to indicate any measures taken or envisaged to identify and fight unconscious gender bias in the workplace (mainly based on the social roles assumed by men and women, masculine corporate culture, etc.) and to envisage the possibility of introducing pay transparency to ensure that gender bias is eliminated when pay for performance bonuses are implemented.

Article 2 of the Convention. Minimum wages. Recalling that the National Employment Rights Agency undertakes regular inspection to monitor enforcement of the Minimum Wage Act 2000 (Act of 2000), the Committee requested the Government to continue to provide information on the steps taken to improve enforcement of minimum wages and their impact on the gender pay gap. The Committee notes from the Government’s report the adoption of the National Minimum Wage Act 2015, which amends the Act of 2000 to establish the Low Pay Commission (LPC). The LPC makes annual recommendations on the national minimum wage, and on raising the national minimum hourly rate of pay. According to the Government’s statement, a large majority of those who are paid the national minimum wage are women and, given the preponderance of women in low-paid jobs, the LPC was asked to study the issue and examine the underlying reasons for it. The Committee notes from the LPC’s Report on the Preponderance of Women on the National Minimum Wage (October 2016), that there is close to twice as many women as men on the national minimum wage, and that between one third and one half of this imbalance is based on the caring responsibilities, the hours which they work and the sectors in which they are employed (the other portion of the imbalance remains unexplained). In this regard, the Committee notes that one of the National Women’s Strategy’s objectives is the advancement of socio-economic equality, and that measures will be taken to widen the opportunities available to girls and to reduce the occupational segregation of women. Considering the abovementioned information and with a view to reducing inequalities in remuneration, the Committee requests the Government to provide information on the measures taken or envisaged to: (i) improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, and (ii) to address the stereotypical assumption that family responsibilities should rest mainly on women. Noting the absence of information provided in this regard, the Committee again requests the Government to provide information on the steps taken to improve enforcement of minimum wages, and the impact of such measures on the gender pay gap.

Article 3. Equality reviews and objective job evaluation. The Committee previously requested the Government to provide information on the implementation of the gender pay gap review template, “Gender pay reviews: A template for examination of gender pay in organisations”, developed with a view to assisting organizations in carrying out an objective equal pay review and to protect against future equal pay inequity. The Committee takes note of the Government’s indication that the Programme for a Partnership Government (May 2016) includes a range of measures intended to benefit women directly or indirectly. However, it notes that the Government has not provided any information regarding the gender pay gap review template. The Committee therefore once again requests the Government to provide information on the implementation of the gender pay review template, including on the findings of the reviews and its practical impact on addressing the gender pay gap, and any directly or indirectly discriminatory practices in respect of payment of basic wages, additional allowances, bonuses or any other emoluments paid by the employer to the worker. Please also provide information on any other measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods, free from gender bias.

Statistics. The Committee notes the information provided by the Government according to which the gender pay gap decreased from 13.9 per cent in 2010 to 12.2 per cent in 2012, but increased to 13.9 per cent in 2014. While it does not provide statistical data on earnings according to sector, occupation and education level, the Government indicates that the gender pay gap in 2014 was of 9.6 per cent in the public sector and 19.7 per cent in the private sector. The Committee requests the Government to continue to provide up-to-date statistical information on the evolution of the gender pay gap, in particular, information on the earnings of men and women according to sector, occupation and educational level, in both the private and the public sectors.

Enforcement and judicial decisions. The Committee notes the Government’s information concerning the adoption of the Workplace Relations Act 2015, establishing the Workplace Relations Commission (WRC), and of the Irish Human Rights and Equality Commission Act 2014, establishing the Irish Human Rights Commission (IHREC). It further takes due note of the Government’s indication that complaints for discriminatory pay practices on the grounds of gender can be made to the WRC and that the Labour Court is competent to hear appeals from the WRC’s decisions. The Committee requests the Government to provide details on the number and outcome of equal pay complaints relating to the application of the principle of the Convention. With regard to the role and responsibilities of the WRC and the IHREC, the Committee refers to its detailed comments under Convention No. 111.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Gender pay gap. The Committee notes from the report of the European Commission “Progress on equality between women and men in 2012” cited by the Government, that the gender pay gap (average gross hourly earnings) increased from 12.6 per cent in 2009 to 13.9 per cent in 2010. The same report indicates that while gender segregation in occupations decreased from 27.9 per cent in 2007 to 26.3 per cent in 2012, it remains higher than the European Union (EU)-27 average (24.5 per cent in 2012). Gender segregation in economic sectors also decreased from 23 to 20.7 per cent during the same period, but stands above the EU-27 average of 18.7 per cent (2012). With regard to the underlying causes of the gender pay gap, the Government points to the high proportion of women in part-time employment (68 per cent of part-time workers), the prevalence of individualized pay bargaining, coupled with strict confidentiality clauses, and the unequal burden of family responsibilities, with women responsible for more than 80 per cent of the tasks linked to the family. The Committee also notes the information provided by the Government on the policies and awareness-raising initiatives on gender equality at the national and the EU level, set out in its report on the Convention, and in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide detailed information on the measures taken or envisaged to address more effectively the structural causes of the gender pay gap, including in the context of the National Women’s Strategy (2007–16) and the European Pact for Gender Equality 2011–2020, and the impact of such measures on reducing pay differentials between women and men. Regarding its previous comments on individualized pay arrangements, the Committee again asks the Government to indicate any measures taken or envisaged to examine the issue of more and higher bonuses to men, and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

Article 2 of the Convention. Minimum wages. The Committee notes the Governments acknowledgement of the importance of the minimum wage in reducing the gender pay gap, and suggests that many women working part-time are paid minimum wages. According to the Government, the National Employment Rights Agency (NERA) undertakes regular inspections to monitor the enforcement of the Minimum Wage Act (2000); in 2012, NERA concluded 1,316 inspections, reporting compliance in 51 per cent of cases, and recovering over €300,000 in wage arrears. The Committee asks the Government to continue to provide information on the steps taken to improve enforcement of minimum wages, and the impact of such measures on the gender pay gap.

Article 3. Equality reviews and objective job evaluation. The Committee recalls its previous comments in which it requested the Government to provide information on the measures taken to strengthen equality reviews under Part VI of the Employment Equality Act, with a view to promoting them as an effective tool to address gender pay gaps at the enterprise level. The Committee notes the gender pay review template, “Gender Pay Reviews: A template for examination of gender pay in organisations”, researched, developed and piloted by the Irish Business and Employers’ Confederation (IBEC), supported by the Equality Mainstreaming Unit of the Equality Authority, and which was published in 2012 under the European Social Fund. The template was developed with a view to assisting organizations in carrying out an objective equal pay review and to protect against future equal pay inequity. The template provides guidance, inter alia, on data collection and analysis, establishing pay rates, recruitment, performance management, and promotion, and sets out competency profiles and performance management ratings, a sample pay analysis, job profile and job evaluation methodologies. The Government indicates that the template has been tested in collaboration with a number of medical manufacturing companies. The Committee requests the Government to continue to provide information on the implementation of the gender pay review template, including on the findings of the reviews and its practical impact on addressing the gender pay gap, and any directly or indirectly discriminatory practices in respect of payment of basic wages, additional allowances, bonuses or any other emoluments paid by the employer to the worker. Please provide information on any other measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods, free from gender bias. Recalling that the Equality Authority had highlighted the need to further develop the equality legislation with regard to equal pay, in particular in relation to the requirements for employers to provide the necessary information under the equality reviews, the Committee again asks the Government to indicate the measures taken to follow-up on the Equality Authority’s recommendations.

Statistics. The Committee asks the Government to continue to provide up-to-date statistical information on the evolution of the gender pay gap, including information on the earnings of men and women according to sector, occupation and educational level, in both the private and the public sectors.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Gender pay gap. The Committee notes from the report of the European Commission “Progress on equality between women and men in 2012” cited by the Government, that the gender pay gap (average gross hourly earnings) increased from 12.6 per cent in 2009 to 13.9 per cent in 2010. The same report indicates that while gender segregation in occupations decreased from 27.9 per cent in 2007 to 26.3 per cent in 2012, it remains higher than the European Union (EU)-27 average (24.5 per cent in 2012). Gender segregation in economic sectors also decreased from 23 to 20.7 per cent during the same period, but stands above the EU-27 average of 18.7 per cent (2012). With regard to the underlying causes of the gender pay gap, the Government points to the high proportion of women in part-time employment (68 per cent of part-time workers), the prevalence of individualized pay bargaining, coupled with strict confidentiality clauses, and the unequal burden of family responsibilities, with women responsible for more than 80 per cent of the tasks linked to the family. The Committee also notes the information provided by the Government on the policies and awareness-raising initiatives on gender equality at the national and the EU level, set out in its report on the Convention, and in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide detailed information on the measures taken or envisaged to address more effectively the structural causes of the gender pay gap, including in the context of the National Women’s Strategy (2007–16) and the European Pact for Gender Equality 2011–2020, and the impact of such measures on reducing pay differentials between women and men. Regarding its previous comments on individualized pay arrangements, the Committee again asks the Government to indicate any measures taken or envisaged to examine the issue of more and higher bonuses to men, and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

Article 2 of the Convention. Minimum wages. The Committee notes the Governments acknowledgement of the importance of the minimum wage in reducing the gender pay gap, and suggests that many women working part-time are paid minimum wages. According to the Government, the National Employment Rights Agency (NERA) undertakes regular inspections to monitor the enforcement of the Minimum Wage Act (2000); in 2012, NERA concluded 1,316 inspections, reporting compliance in 51 per cent of cases, and recovering over €300,000 in wage arrears. The Committee asks the Government to continue to provide information on the steps taken to improve enforcement of minimum wages, and the impact of such measures on the gender pay gap.

Article 3. Equality reviews and objective job evaluation. The Committee recalls its previous comments in which it requested the Government to provide information on the measures taken to strengthen equality reviews under Part VI of the Employment Equality Act, with a view to promoting them as an effective tool to address gender pay gaps at the enterprise level. The Committee notes with interest the gender pay review template, “Gender Pay Reviews: A template for examination of gender pay in organisations”, researched, developed and piloted by the Irish Business and Employers’ Confederation (IBEC), supported by the Equality Mainstreaming Unit of the Equality Authority, and which was published in 2012 under the European Social Fund. The template was developed with a view to assisting organizations in carrying out an objective equal pay review and to protect against future equal pay inequity. The template provides guidance, inter alia, on data collection and analysis, establishing pay rates, recruitment, performance management, and promotion, and sets out competency profiles and performance management ratings, a sample pay analysis, job profile and job evaluation methodologies. The Government indicates that the template has been tested in collaboration with a number of medical manufacturing companies. The Committee requests the Government to continue to provide information on the implementation of the gender pay review template, including on the findings of the reviews and its practical impact on addressing the gender pay gap, and any directly or indirectly discriminatory practices in respect of payment of basic wages, additional allowances, bonuses or any other emoluments paid by the employer to the worker. Please provide information on any other measures taken, in cooperation with the social partners, to promote the use of objective job evaluation methods, free from gender bias. Recalling that the Equality Authority had highlighted the need to further develop the equality legislation with regard to equal pay, in particular in relation to the requirements for employers to provide the necessary information under the equality reviews, the Committee again asks the Government to indicate the measures taken to follow-up on the Equality Authority’s recommendations.

Statistics. The Committee asks the Government to continue to provide up-to-date statistical information on the evolution of the gender pay gap, including information on the earnings of men and women according to sector, occupation and educational level, in both the private and the public sectors.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Assessment of the gender pay gap and measures to address underlying causes. The Committee notes from the Government’s report that the overall gender pay gap increased from 12.4 per cent in 2008 to 12.8 per cent in 2009 and there remain significant differences between economic sectors as previously noted in the National Women’s Strategy. The Committee also notes the research indicating that the length of labour market experience outweighed higher educational attainment by women in impacting on the gender pay gap. Moreover, according to the Government, many factors contribute to the gender pay gap, in particular the prevalence of individualized pay bargaining in the private sector and strict confidentiality clauses. Noting that the Government’s report contains no information on the progress made in implementing the measures to promote equal pay for men and women envisaged under the National Women’s Strategy, the Committee reiterates its requests in this respect. Furthermore, recalling that there are multiple and complex links between the principle of equal remuneration for men and women, and the position and status of men and women in employment and society, the Committee asks the Government to indicate the measures taken or envisaged to address the underlying causes of the gender pay gap. Please also continue to provide information, including statistical information on the gender pay gap and on the assessment of its evolution.

Article 1(a) of the Convention. Bonuses. With respect to the payment of more or higher bonuses to men than to women, the Government refers to the prevalence of individualized pay arrangements. The Committee would like to draw the Government’s attention to the fact that, in most cases, the prevalence of individual pay arrangements may not be sufficient to justify the differences in the payment of bonuses to men and women, and therefore asks the Government once again to indicate any measures taken or envisaged in order to examine this issue further and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

The Committee notes that the Government’s report contains no reply to other issues raised in its previous comments. It hopes that the next report will include full information on the following matters.

Article 2(a). Laws and regulations. The Committee notes from the Government’s report that the Equality Authority highlighted the need to further develop the equality legislation with regard to equal pay, particularly in relation to requirements for employers to provide the necessary information. The Committee asks the Government to indicate the measures taken or envisaged to follow up on this recommendation.

Equality reviews under the Employment Equality Act. The Committee notes from the Government’s report that the Equality Review and Action Plan Scheme (ERAP) run by the Equality Authority requires equality auditors to examine matters impacting on the gender pay gap of the enterprise reviewed, such as the grading structure, promotion procedures, training and work–life balance. Noting that there are plans under the National Women’s Strategy to have equality reviews to “consider and report on the gender pay gap”, the Committee asks the Government to provide information on the measures taken to strengthen the equality reviews with a view to making them an effective tool to address gender pay gaps at the enterprise level. Please also indicate whether any action plans adopted as a result of equality reviews contain specific action in this regard and whether such action plans have led to the correction of gender wage gaps.

Article 3. Objective job evaluation. In reply to the Committee’s previous comments, the Government indicated that objective job evaluations tend to be undertaken only by the equality officers, in the context of an equal pay case brought before the Equality Tribunal. The Committee hopes that the Government, in cooperation with the social partners, will take active steps to promote the development and use, at the enterprise level, of objective job-evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. Please indicate any measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Assessment of the gender pay gap. The Committee notes from the results of the National Employment Survey 2003 and 2006 that the overall gender pay gap (hourly earnings) narrowed from 15.8 per cent to 11.5 per cent. However, the Committee also notes that in 2006, men earned more than women in all economic sectors. In some sectors the gender pay gap increased, for instance in health from 21 per cent to 29 per cent and in education from 28.3 per cent to 32 per cent, while it decreased in others. The Committee also notes the analysis of the gender pay gap set out in the National Women’s Strategy 2007–16 and the specific action envisaged under the Strategy to address it. The Committee asks the Government to continue to provide information, including statistical information on the gender pay gap and on its assessment of its evolution. The Government is also asked to continue to provide information on the progress made in implementing the measures to promote equal pay for men and women envisaged under the National Women’s Strategy.

Article 1(a) of the Convention. Bonuses. The Committee notes from the National Women’s Strategy that according to recent research, women receive bonuses less often than men and that the bonuses received by women tend to be lower than men’s. The research estimates that differentials in the payment of bonuses increase the annual gender pay gap by 1 per cent. The Committee asks the Government to indicate any measures taken or envisaged in order to examine this issue further and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

Article 2(a). Laws and regulations. The Committee notes from the Government’s report that the Equality Authority highlighted the need to further develop the equality legislation with regard to equal pay, particularly in relation to requirements for employers to provide the necessary information. The Committee asks the Government to indicate the measures taken or envisaged to follow up on this recommendation.

Equality reviews under the Employment Equality Act. The Committee notes from the Government’s report that the Equality Review and Action Plan Scheme (ERAP) run by the Equality Authority requires equality auditors to examine matters impacting on the gender pay gap of the enterprise reviewed, such as the grading structure, promotion procedures, training and work–life balance. Noting that there are plans under the National Women’s Strategy to have equality reviews to “consider and report on the gender pay gap”, the Committee asks the Government to provide information on the measures taken to strengthen the equality reviews with a view to making them an effective tool to address gender pay gaps at the enterprise level. Please also indicate whether any action plan adopted as a result of equality reviews contains specific action in this regard and whether such action plans have led to the correction of gender wage gaps.

Article 3. Objective job evaluation. In reply to the Committee’s previous comments, the Government indicated that objective job evaluations tend to be undertaken only by the equality officers, in the context of an equal pay case brought before the Equality Tribunal. The Committee hopes that the Government, in cooperation with the social partners, will take active steps to promote the development and use, at the enterprise level, of objective job evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. Please indicate any measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Assessment of the gender pay gap. The Committee notes from the results of the National Employment Survey 2003 and 2006 that the overall gender pay gap (hourly earnings) narrowed from 15.8 per cent to 11.5 per cent. However, the Committee also notes that in 2006, men earned more than women in all economic sectors. In some sectors the gender pay gap increased, for instance in health from 21 per cent to 29 per cent and in education from 28.3 per cent to 32 per cent, while it decreased in others. The Committee also notes the analysis of the gender pay gap set out in the National Women’s Strategy 2007–16 and the specific action envisaged under the Strategy to address it. The Committee asks the Government to continue to provide information, including statistical information on the gender pay gap and on its assessment of its evolution. The Government is also asked to continue to provide information on the progress made in implementing the measures to promote equal pay for men and women envisaged under the National Women’s Strategy.

Article 1(a) of the Convention. Bonuses. The Committee notes from the National Women’s Strategy that according to recent research, women receive bonuses less often than men and that the bonuses received by women tend to be lower than men’s. The research estimates that differentials in the payment of bonuses increase the annual gender pay gap by 1 per cent. The Committee asks the Government to indicate any measures taken or envisaged in order to examine this issue further and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

Article 2(a). Laws and regulations. The Committee notes from the Government’s report that the Equality Authority highlighted the need to further develop the equality legislation with regard to equal pay, particularly in relation to requirements for employers to provide the necessary information. The Committee asks the Government to indicate the measures taken or envisaged to follow up on this recommendation.

Equality reviews under the Employment Equality Act. The Committee notes from the Government’s report that the Equality Review and Action Plan Scheme (ERAP) run by the Equality Authority requires equality auditors to examine matters impacting on the gender pay gap of the enterprise reviewed, such as the grading structure, promotion procedures, training and work–life balance. Noting that there are plans under the National Women’s Strategy to have equality reviews to “consider and report on the gender pay gap”, the Committee asks the Government to provide information on the measures taken to strengthen the equality reviews with a view to making them an effective tool to address gender pay gaps at the enterprise level. Please also indicate whether any action plan adopted as a result of equality reviews contains specific action in this regard and whether such action plans have led to the correction of gender wage gaps.

Article 3. Objective job evaluation. In reply to the Committee’s previous comments, the Government indicated that objective job evaluations tend to be undertaken only by the equality officers, in the context of an equal pay case brought before the Equality Tribunal. The Committee hopes that the Government, in cooperation with the social partners, will take active steps to promote the development and use, at the enterprise level, of objective job evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. Please indicate any measures taken or envisaged in this regard.

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

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:

Assessment of the gender pay gap. The Committee notes from the results of the National Employment Survey 2003 and 2006 that the overall gender pay gap (hourly earnings) narrowed from 15.8 per cent to 11.5 per cent. However, the Committee also notes that in 2006, men earned more than women in all economic sectors. In some sectors the gender pay gap increased, for instance in health from 21 per cent to 29 per cent and in education from 28.3 per cent to 32 per cent, while it decreased in others. The Committee also notes the analysis of the gender pay gap set out in the National Women’s Strategy 2007–16 and the specific action envisaged under the Strategy to address it. The Committee asks the Government to continue to provide information, including statistical information on the gender pay gap and on its assessment of its evolution. The Government is also asked to continue to provide information on the progress made in implementing the measures to promote equal pay for men and women envisaged under the National Women’s Strategy.

Article 1(a) of the Convention. Bonuses. The Committee notes from the National Women’s Strategy that according to recent research, women receive bonuses less often than men and that the bonuses received by women tend to be lower than men’s. The research estimates that differentials in the payment of bonuses increase the annual gender pay gap by 1 per cent. The Committee asks the Government to indicate any measures taken or envisaged in order to examine this issue further and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

Article 2(a). Laws and regulations. The Committee notes from the Government’s report that the Equality Authority highlighted the need to further develop the equality legislation with regard to equal pay, particularly in relation to requirements for employers to provide the necessary information. The Committee asks the Government to indicate the measures taken or envisaged to follow up on this recommendation.

Equality reviews under the Employment Equality Act. The Committee notes from the Government’s report that the Equality Review and Action Plan Scheme (ERAP) run by the Equality Authority requires equality auditors to examine matters impacting on the gender pay gap of the enterprise reviewed, such as the grading structure, promotion procedures, training and work–life balance. Noting that there are plans under the National Women’s Strategy to have equality reviews to “consider and report on the gender pay gap”, the Committee asks the Government to provide information on the measures taken to strengthen the equality reviews with a view to making them an effective tool to address gender pay gaps at the enterprise level. Please also indicate whether any action plan adopted as a result of equality reviews contains specific action in this regard and whether such action plans have led to the correction of gender wage gaps.

Article 3. Objective job evaluation. In reply to the Committee’s previous comments, the Government indicated that objective job evaluations tend to be undertaken only by the equality officers, in the context of an equal pay case brought before the Equality Tribunal. The Committee hopes that the Government, in cooperation with the social partners, will take active steps to promote the development and use, at the enterprise level, of objective job evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. Please indicate any measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Assessment of the gender pay gap. The Committee notes from the results of the National Employment Survey 2003 and 2006 that the overall gender pay gap (hourly earnings) narrowed from 15.8 per cent to 11.5 per cent. However, the Committee also notes that in 2006, men earned more than women in all economic sectors. In some sectors the gender pay gap increased, for instance in health from 21 per cent to 29 per cent and in education from 28.3 per cent to 32 per cent, while it decreased in others. The Committee also notes the analysis of the gender pay gap set out in the National Women’s Strategy 2007–16 and the specific action envisaged under the Strategy to address it. The Committee asks the Government to continue to provide information, including statistical information on the gender pay gap and on its assessment of its evolution. The Government is also asked to continue to provide information on the progress made in implementing the measures to promote equal pay for men and women envisaged under the National Women’s Strategy.

Article 1(a) of the Convention. Bonuses. The Committee notes from the National Women’s Strategy that according to recent research, women receive bonuses less often than men and that the bonuses received by women tend to be lower than men’s. The research estimates that differentials in the payment of bonuses increase the annual gender pay gap by 1 per cent. The Committee asks the Government to indicate any measures taken or envisaged in order to examine this issue further and to address directly or indirectly discriminatory practices in respect of payment of bonuses.

Article 2(a). Laws and regulations. The Committee notes from the Government’s report that the Equality Authority highlighted the need to further develop the equality legislation with regard to equal pay, particularly in relation to requirements for employers to provide the necessary information. The Committee asks the Government to indicate the measures taken or envisaged to follow up on this recommendation.

Equality reviews under the Employment Equality Act. The Committee notes from the Government’s report that the Equality Review and Action Plan Scheme (ERAP) run by the Equality Authority requires equality auditors to examine matters impacting on the gender pay gap of the enterprise reviewed, such as the grading structure, promotion procedures, training and work–life balance. Noting that there are plans under the National Women’s Strategy to have equality reviews to “consider and report on the gender pay gap”, the Committee asks the Government to provide information on the measures taken to strengthen the equality reviews with a view to making them an effective tool to address gender pay gaps at the enterprise level. Please also indicate whether any action plan adopted as a result of equality reviews contains specific action in this regard and whether such action plans have led to the correction of gender wage gaps.

Article 3. Objective job evaluation. In reply to the Committee’s previous comments, the Government indicated that objective job evaluations tend to be undertaken only by the equality officers, in the context of an equal pay case brought before the Equality Tribunal. The Committee hopes that the Government, in cooperation with the social partners, will take active steps to promote the development and use, at the enterprise level, of objective job evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. Please indicate any measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Measures to assess and eliminate the gender pay gap. The Committee notes the report of the Consultative Group on Male/Female Wage Differentials submitted to the Government in November 2003, which contains a number of recommendations for action to be taken to address the remaining gender pay gap in Ireland. It notes that the Government has already implemented certain measures recommended in the report. For instance, the minimum wage has been increased with effect from 1 May 2005. Further, the National Employment Survey, introduced in 2003, includes gender disaggregated earnings data. The Committee also notes the research report entitled “Degrees of Equality: Gender Pay Differentials Among Recent Graduates” issued in 2005. This research concluded that while there is no overall hourly gender pay gap, a significant gap has emerged in the private sector only three years after graduation. Further, there was a continued need to address the “wage penalty around motherhood”, to focus on early career integration and career choices, as well as on action to address occupational segregation and organizational practices that negatively impact on equal pay. The Committee asks the Government to provide the following information with its next report:

(a)   the results of the National Employment Surveys concerning the earnings of men and women and the Government’s analysis of the progress made in eliminating the gender pay gap;

(b)   information on any further action taken to implement the recommendations of the 2003 report of the Consultative Group on Male/Female Wage Differentials, as well as any follow-up made to the research report on “Degrees of Equality: Gender Pay Differentials Among Recent Graduates”;

(c)   information on how equality reviews under the Employment Equality Act address equal pay issues and on the impact of such reviews at the enterprise level with regard to equal pay; and

(d)   information on the activities undertaken by the Equality Authority and the Equality Tribunal with regard to the principle of equal remuneration for men and women for work of equal value, including information concerning relevant jurisprudence.

2. Objective job evaluation. The Committee notes the information provided by the Government concerning objective job evaluation carried out by equality officers when dealing with equal pay cases under the Employment Equality Act. It also notes the Government’s indication that equality officers dealing with such cases receive a two-day training course in objective job evaluation. The Committee asks the Government to indicate the measures taken to promote the use of objective job evaluation methods by employers.

3. Occupational pension schemes. Recalling its previous comments concerning the application of the Convention’s principle in the context of occupational pension schemes, the Committee notes the Government’s indications that the Pensions Act has been amended in order to provide for the principle of equal treatment and to open the redress and enforcement mechanisms available under the Equal Employment Act to cases relating to equal pension treatment in occupational benefit schemes. The Committee asks the Government to provide information on any relevant cases concerning pension rights decided by the Equality Tribunal.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the detailed information in the Government’s reports, including the attached documents.

1. The Committee notes the Government’s indication that the Programme for Prosperity and Fairness Consultative Group on Male/Female Wage Differentials is overseeing research on the gender pay gap in several sectors of the Irish economy, the findings of which were to be presented in February 2003. It also notes that the Consultative Group is preparing a report addressing the issues raised by the Economic and Social Research Institute (ESRI) in its 2000 report "How Unequal? - Men and Women in the Irish Labour Market". The report will address the issue of the regular collection of statistics on the gender pay gap in Ireland and was due to be completed by the end of 2002. The Committee asks the Government to supply copies of both the above documents and to continue to provide information, including statistical data, on the progress achieved in reducing the remuneration gap in Ireland.

2. The Committee notes the information regarding gender-related equal pay cases brought before the Office of the Director of Equality Investigations (ODEI), including the attached copies of equal pay decisions issued by the ODEI in the reporting period, and further notes that both the ODEI and the Labour Court maintain online databases of their decisions as they are issued. Referring to its previous comments on the objective appraisal of jobs within the meaning of Article 3 of the Convention, the Committee notes with interest that section 7(1)(c) of the Employment Equality Act, 1998 ("the Act") authorizes the undertaking of formal job comparisons, as shown from three ODEI decisions issued between January 2002 and April 2003. In each of these cases equality officers carried out work inspections and comparisons of dissimilar jobs on the basis of "skill, physical or mental requirements, responsibility and working conditions" (section 7(1)(c)) to establish whether "like work" within the meaning of sections 7(1)(c) and 19(3) of the Act existed between the complainants and their comparators; none of the complainants were found to have performed work of equal value. The Committee asks the Government to continue to provide information on the use of objective job appraisals by the ODEI in cases applying section 7(1)(c) of the Act, the effectiveness of such evaluations in reducing unjustifiable pay differences between women and men, and to indicate whether job evaluation training is provided to ODEI officers.

3. Article 1(a) of the Convention. In its previous comments the Committee has referred to the exclusion of pension rights from the remuneration’s definition under section 2(1) of the Employment Equality Act, 1998. It notes that the Government’s reports indicate that due to the European Communities (occupational benefits schemes) regulations and case law of the European Court of Justice (ECJ), the Pensions Act has been amended to reflect the principle laid down by the ECJ according to which an employer’s contributions paid in the context of defined contributions to occupational pension schemes may differ if the aim is to equalize the amount of the final benefits or to make them more nearly equal for both sexes. The Committee also notes that under section 10.5(f) the "Sustaining Progress - Social Partnership Agreement 2003-05" legislation addressing the equality aspect of occupational pensions will be adopted in early 2004. The Committee asks the Government to inform in its next report on the measures taken in the framework of this agreement to ensure equality in the occupational pension schemes between men and women.

4. Noting the detailed information supplied respecting the activities of the Equality Authority, the Committee asks the Government to indicate the specific initiatives undertaken by the Equality Authority to apply the principle of equal remuneration between men and women.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report, including statistical information and attached documentation.

1. The Committee notes with interest that, according to the October 2000 report of the Economic and Social Research Institute (ESRI), "How Unequal?" the economy-wide female-male earnings gap has progressively decreased. In 1997, women’s average hourly earnings were 84.5 per cent of men’s, compared with 80.1 per cent in 1987. The Committee would be grateful if the Government would continue to keep it informed regarding progress achieved in reducing the remuneration gap in Ireland.

2. The Committee notes the Government’s indications regarding the Employment Equality Act, 1998 ("the Act"), which was signed into law by the President of Ireland on 18 June 1998, repealing the Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act, 1977. The Committee notes that, as the Act came into force on 18 October 1999, no decisions had been issued concerning equal pay claims brought under the Act as at the date of the Government’s report. Noting that the Office of Director of Equality Investigations is the first instance of redress under the Act, the Committee would be grateful if the Government would supply information in its next report regarding the number of equal pay cases referred to the Office during the reporting period, the action taken and the outcome. Please also indicate whether any cases brought under the Act have been appealed to the labour courts and supply copies of any such decisions once they become final. The Committee once again asks the Government to provide a copy of the Supreme Court’s decision on 15 May 1997, which held that certain portions of the 1997 version of the Employment Equality Act were unconstitutional.

3. Article 1(a) of the Convention. Referring to its earlier comments regarding section 2(1) of the Act, which defines remuneration as excluding pension rights, the Committee notes the Government’s indication that it intends to amend the Act in due course to bring it into conformity as far as practicable with Part VII of the Pensions Act, 1990. In this regard, the Committee notes the Government’s explanation that Part VII of the Pensions Act, including section 69(1) was amended in 1997 to bring its provisions fully into line with Directive 96/97/EC and Article 119 (now Article 141) of the Treaty of Rome. In this context, the Committee notes section 4 of the European Communities (Occupational Benefits Schemes) Regulations, 1997 (S.I. No. 286 of 1997), amending section 69 of the Pensions Act, 1990 to provide that, in determining whether an occupational benefit scheme complies with the principle of equal treatment, account shall not be taken of differences on the basis of sex in the levels of contributions made by the employer or the amount or value of benefits under the circumstances specified in that provision. The Committee again draws the Government’s attention to paragraph 17 of the General Survey on equal remuneration, 1986, which provides that all allowances paid under occupational social security schemes financed by the undertaking or industry concerned are part of remuneration in the undertaking and form part of the elements making up wages, in respect of which there should be no discrimination based on sex. Accordingly, the Committee expresses the hope that section 2(1) of the Act will shortly be amended to bring it into conformity with Article 1(a) of the Convention, and that the Government will be able to indicate in its next report that measures to that end have been taken.

4. Article 1(b) Referring to its earlier comments, the Committee notes the Government’s indications that the scope of comparison provided for in the Act is restricted to employees performing "like work" (exercising the same level of skill, mental or physical effort and responsibility and working under the same conditions) for the same or an associated employer (section 19(1) of the Act). In this regard, the Committee notes the findings of the ESRI report that, more than two decades after the enactment of equal pay legislation, the incidence of unequal pay for the same jobs is likely to be low and that male-female earnings differentials in both the public and private sectors are more likely to arise due to the distribution of men and women across jobs (occupational segregation) than because of pay differences between men and women doing the same jobs (cf. How Unequal?, pages 61-62). In its report, the ESRI observes that the restriction of the Act to comparisons within the same establishment severely limits its capacity to reduce wage differentials that arise through occupational segregation. The Committee notes the information supplied by the Government regarding cases interpreting the "like work" requirement (citing the European Commission publication Equality in Law between Men and Women in the European Community: Ireland). It notes the indications contained in the publication that "in theory, it might be possible to make cross-industry comparisons in the very limited circumstances where the same (or associated) employer has employees in different industries, who perform like work, in the same place. However, in practice no such cases have arisen". In this context, the Committee again draws the Government’s attention to the broader scope of comparison contemplated by the Convention, which should be "as wide as allowed at the level at which wage policies, systems and structures are coordinated" (see General Survey on equal remuneration, ILO, 1986, paragraph 22). The Committee therefore asks the Government to indicate the measures taken in law and practice to ensure the effective application of the provisions of the Convention.

5. The Committee notes that, in the absence of any decisions issued to date interpreting sections 7(1)(a)-(c) and 19(3) of the Act regarding the definition of "like work", the Government has supplied information on the manner in which the (similar) definition of "like work" contained in section 3 of the Anti-Discrimination (Pay) Act, 1974 was applied in practice. The Committee would be grateful if the Government would continue to provide information, including summaries or copies of judicial and administrative decisions interpreting sections 7(1)(a)-(c) and 19(3) of the Act in its future reports.

6. Article 3. The Committee had previously noted that the Act appears to contemplate the objective appraisal of jobs on the basis of the work to be performed, referring to a comparison between jobs "on the basis of skill, physical or mental requirements, responsibility and working conditions" (section 7(1)(c)) and a comparison between employees to determine whether they have "the same or reasonably comparable terms and conditions of employment" (section 19(3)). The Committee reiterates its request that the Government supply information on the measures taken or contemplated to develop and promote the objective appraisal of jobs within the meaning of Article 3 of the Convention and refers the Government to paragraphs 138-152 of its 1986 General Survey on equal remuneration.

7. Article 4. The Committee notes the Government’s indication that a number of mechanisms are in place which provide for cooperation between employers’ and workers’ organizations in the area of equality, including in the programme for prosperity and fairness, negotiated with the social partners, which provides for the establishment of a consultative group to oversee the finalization of the ESRI report on male/female wage differentials, consider its recommendations and develop proposals for action to address issues identified in the ESRI report for consideration by the Government. The Committee asks the Government to continue to keep it informed regarding the development and implementation of these and other relevant measures taken in cooperation with the social partners.

8. The Committee notes the Government’s explanation regarding the establishment, structure and operation of the Equality Authority and the Office of the Director of Equality Investigations. It notes that the Board of the Equality Authority, which determines the agency’s policies, includes representatives of employers’ and workers’ organizations. Noting the measures contemplated in the Strategic Plan 2000-02 of the Equality Authority, the Committee asks the Government to supply information in its next report on the continuing activities of the agency. It particularly notes the stated objective of the Equality Authority to reinforce casework activity through, inter alia, a research programme that identifies and documents inequality, analyses its root causes and designs strategies to address inequality.

9. The Committee notes the 1999 annual report of the Office of the Director of Equality Investigations as well as information supplied by the Government regarding the number of equal pay cases presented from 1976 to 30 May 2000. However, the Committee notes that the figures do not distinguish between cases submitted under the Anti-Discrimination (Pay) Act, 1974 and the 1998 Act. Accordingly, the Committee would appreciate receiving updated information on this point, indicating the outcome of any cases still pending under the earlier legislation as well as the number of cases brought under the new Act during the reporting period, the action taken and the outcomes.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report, particularly the Employment Equality Act, 1998 ("the Act"), which was signed into law by the President of Ireland on 18 June, 1998, repealing the Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977. The Committee notes with interest that, as with the Anti-Discrimination (Pay) Act, 1974 ("the 1974 Act"), the new Act reflects the principle of equal remuneration for men and women for work of equal value. It notes the Government's statement that the anti-discrimination provisions of the Act would be brought into operation sometime in the first half of 1999, following establishment of the infrastructure for equality contemplated in the new law.

2. Article 1(a) of the Convention. The Government indicates that section 2(1) of the Act defines remuneration as excluding pension rights, but that provision is made for equal treatment for men and women in relation to occupational benefits, including pensions, in Part VII of the Pensions Act and the regulations thereunder. The Committee notes Regulation 4 of the European Communities (Occupational Benefits Schemes) Regulations, 1997 (S.I. No. 286 of 1997), amending section 69 of the Pensions Act to provide that, in determining whether an occupational benefit scheme complies with the principle of equal treatment, account shall not be taken of differences on the basis of sex in the levels of contributions made by the employer or the amount or value of benefits under the circumstances specified in that provision. The Committee once again recalls paragraph 17 of its General Survey on equal remuneration, 1986, which provides that all allowances paid under occupational social security schemes financed by the undertaking or industry concerned are part of remuneration in the undertaking and form part of the elements making up wages, in respect of which there should be no discrimination based on sex. The Government is therefore requested to indicate the manner in which section 2(1) of the Act and the relevant provisions of the Pensions Act, 1990, and subsequent amending legislation are applied in practice so as to ensure conformity with the principle of the Convention, particularly in light of the exemptions to the principle of equal treatment set forth in Regulation 69(1) of the European Communities (Occupational Benefit Schemes) Regulations, 1997 (S.I. No. 286 of 1997).

3. Article 1(b). The Committee notes with interest that the new Act removes the requirement contained in the 1974 Act that the claimant be employed in the same place as the comparator before a claim for equal remuneration can be made. However, the Committee notes that, as with the 1974 Act, the new Act restricts the scope of comparison with employees who do "like work" to the same or an associated employer (section 19(1) of the Act). The Committee recalls that the scope of the comparison contemplated by the Convention should be "as wide as allowed at the level at which wage policies, systems and structures are coordinated" (see General Survey on equal remuneration, 1986, paragraph 22). The Committee would be grateful if the Government would indicate the basis for the comparators and its relationship to the range at which wages are set.

4. The Act establishes that, in order for a female worker to be entitled to receive the same rate of remuneration as a male worker, employed by the same or an associated employer, both employees must be engaged in "like work". The term "like work" is defined in section 7(1) of the Act to include three concepts: (1) work performed under the same or similar conditions; (2) work of a similar nature; and (3) work performed by one employee which is equal in value to the work performed by the other, having regard to such matters as skill, physical or mental requirements, responsibility and working conditions (section 7(1)(a)-(c) of the Act). In addition, the Committee notes that section19(3) of the Act provides that, where the claimant works for an associated employer of the comparator, he or she may not be deemed to be engaged in "like work" unless both employees have the same or reasonably comparable terms and conditions of employment. The Committee asks the Government to clarify the distinctions to be drawn between the different threshold requirements for "like work" and the manner in which sections 7(1)(a)-(c) and 19(3) are applied in practice.

5. Article 3. The Committee notes that the Act appears to contemplate the objective appraisal of jobs on the basis of the work to be performed, referring to a comparison between jobs "on the basis of skill, physical or mental requirements, responsibility and working conditions" (section 7(1)(c)) and a comparison between employees to determine whether they have "the same or reasonably comparable terms and conditions of employment" (section 19(3)). The Committee requests the Government to provide information on the application in practice of both these sections and on any measures taken or contemplated to promote objective appraisal of jobs within the meaning of Article 3 of the Convention.

6. Article 4. The Committee requests the Government to provide information on the methods of cooperation utilized between the Government and employers' and workers' organizations for the purposes of giving effect to the Convention.

7. The Government's report indicates that, pursuant to point 5.12 of the December 1996 national policy agreement on economic and social issues, entitled "Partnership 2000 for Inclusion, Employment and Competitiveness", the Economic and Social Research Institute is conducting a follow-up study on male-female wage differentials which is expected to be completed by the latter part of 1999. The Committee would be grateful if the Government would provide it with a copy of the study once it is available.

8. The Committee notes that the application of the Employment Equality Act is entrusted to the Department of Justice, Equality and Law Reform, the Department of Enterprise, Trade and Employment and the Department of Social, Community and Family Affairs. With regard to the infrastructure necessary to implement the Act, the Government indicates that it is proposed to establish an Equality Authority to replace the Employment Equality Agency and an office of Director of Equality Investigations to provide redress of first instance. The Committee would be grateful if the Government would supply information in its next report on the establishment, structure and activities of these agencies, and on the number of equal pay claims brought during the reporting period and any action taken.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the signing into law of the Employment Equality Act, 1997 by the President of Ireland on 18 June 1998. The Committee understands that the Act is not yet in force, but that its implementation will be advanced within 12 months following the signing of the Act. It also understands that this legislative text was amended in 1997 after the Irish Supreme Court determined that certain provisions of the Bill were unconstitutional. The Committee requests the Government to provide, in its next report, information on the status of the Act, and to supply a copy of the Supreme Court opinion as well as a copy of the Act and any implementing regulations. 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 remaining matters raised in its previous direct request, which read as follows:

2. Noting that the Government clarifies that the definition of remuneration in the former text was intended to exclude all pensions, whether public or private, the Committee recalls paragraph 17 of its 1986 General Survey on equal remuneration where it states that allowances paid under occupational social security schemes are part of remuneration in respect of which there should be no discrimination based on sex. The Committee hopes that the new text will ensure that private pension schemes are covered by the protection against sex-based discrimination.

3. Regarding measures taken to follow up on the 1994 study of male-female wage differentials, the Committee notes from the Government's report that a commitment has been made in point 5.12 of the December 1996 national policy agreement on economic and social issues entitled "Partnership 2000 for Inclusion, Employment and Competitiveness" (concluded by the Government, employers, trade unions and community interest groups, of which the Government supplies a copy) to undertake a further study on male-female wage differentials. Arrangements for setting the terms of reference of the study are under way, and it is hoped that this second analysis will identify progress in this area. The Committee looks forward to receiving information on the study, together with a copy of its preliminary findings as soon as they are available.

4. The Committee also notes the creation, in the context of the "Partnership 2000" agreement, of an expert working group to be chaired by the Department of Justice, Equality and Law Reform, which will devise a national framework for the development of child-care services. Noting that many studies undertaken in various countries into the reasons behind discriminatory wage gaps point to the double burden on women workers who continue to shoulder most family responsibilities, the Committee hopes that this national framework will address the issue of shared child-care. It would appreciate receiving a copy of the national framework once it is adopted, and, in the meantime, hopes to receive information on progress in any work it may undertake in relation to the role of improved child-care facilities in eliminating gender-based wage inequalities.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. With reference to its previous direct request, the Committee takes note of the Government's explanation of the passage of the Employment Equality Bill which aims at expanding proscribed discrimination to cover, inter alia, gender. Although the Bill had passed through Parliament in March 1997, it was referred to the Supreme Court for a determination as to its constitutionality; on 15 May 1997 that Court held that certain provisions were unconstitutional in three specific areas and work has begun on revision of the text, in accordance with the terms of the judgement, with a view to submitting an amended Bill to Parliament. Trusting that the changes will respect those provisions which are in conformity with the principle of equal pay for work of equal value of the Convention, as well as those which permit broader comparators and strengthen enforcement and redress, the Committee requests the Government to inform it, in its next report, of developments in the adoption of the Bill, and looks forward to receiving a copy of the text once adopted.

2. Noting that the Government clarifies that the definition of remuneration in the former text was intended to exclude all pensions, whether public or private, the Committee recalls paragraph 17 of its 1986 General Survey on equal remuneration where it states that allowances paid under occupational social security schemes are part of remuneration in respect of which there should be no discrimination based on sex. The Committee hopes that the new text will ensure that private pension schemes are covered by the protection against sex-based discrimination.

3. Regarding measures taken to follow up on the 1994 study of male-female wage differentials, the Committee notes from the Government's report that a commitment has been made in point 5.12 of the December 1996 national policy agreement on economic and social issues entitled "Partnership 2000 for Inclusion, Employment and Competitiveness" (concluded by the Government, employers, trade unions and community interest groups, of which the Government supplies a copy) to undertake a further study on male-female wage differentials. Arrangements for setting the terms of reference of the study are under way, and it is hoped that this second analysis will identify progress in this area. The Committee looks forward to receiving information on the study, together with a copy of its preliminary findings as soon as they are available.

4. The Committee also notes the creation, in the context of the "Partnership 2000" agreement, of an expert working group to be chaired by the Department of Justice, Equality and Law Reform, which will devise a national framework for the development of child-care services. Noting that many studies undertaken in various countries into the reasons behind discriminatory wage gaps point to the double burden on women workers who continue to shoulder most family responsibilities, the Committee hopes that this national framework will address the issue of shared child-care. It would appreciate receiving a copy of the national framework once it is adopted, and, in the meantime, hopes to receive information on progress in any work it may undertake in relation to the role of improved child-care facilities in eliminating gender-based wage inequalities.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous direct request, the Committee takes note of the Government's report and its attachments.

1. The Committee notes that the Government has introduced an Employment Equality Bill aimed at expanding proscribed discrimination to cover, inter alia, gender. The Committee notes that section 2(1) of the Bill defines "remuneration" as not including pension rights, but, subject to that, it includes any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment. The Committee draws the Government's attention to the definition of "remuneration" in Article 1(a) of the Convention and to paragraph 17 of its 1986 General Survey on equal remuneration where it explained that, while allowances made under a public system of social security were not to be considered as part of remuneration, those social security schemes financed by the employer or industry concerned were meant to be covered by the Convention. The Committee asks the Government to inform it whether the definition of remuneration contained in the Bill is intended to exclude from the equality provisions only public social security schemes, or all pension rights.

2. The Committee notes with interest that the Bill retains as the point of comparison, the value of the work done, and uses a broader concept of comparator employee than exists in the current legislation, namely a comparison will be permitted between the work of the claimant (who allegedly has less pay) and another employee (who allegedly has more pay) of the same or an associated employer, and no longer will the comparator have to be employed in the same place as the claimant. The Committee also notes the enforcement provisions: under sections 41 to 48 of the Bill, all cases alleging discrimination other than those involving dismissal, may be referred in the first instance to the Director of Equality Investigations, who is to investigate each case (except those resolved at mediation) and issue a decision; this decision is binding and enforceable through the Circuit Court, and may be appealed to the Labour Court. The Director may order, in equal pay cases, equal pay and maximum arrears up to equal pay for the preceding three years; he or she may also order any person to take specific action to avoid future discrimination. The Bill offers an alternative to these redress procedures for persons alleging that they have suffered discrimination, by applying to the Circuit Court for redress; there is a right of appeal to the High Court. The Bill also gives the Director powers, on application, to identify provisions of collective agreements which are discriminatory and therefore null and void. The Committee requests the Government to inform it of the passage of this Bill, and to send a copy of the final text once adopted.

3. The Committee notes with interest the results of the study of male-female wage differentials, published in February 1994, which identify a number of factors having an impact in wage gaps (educational qualifications; length of past labour market experience; different wage rates for full-time and part-time jobs; occupational segregation; overtime work and shift premia; trade union membership). According to the study, for industrial workers, women's average hourly earnings are 67.6 per cent of those of their male colleagues; for clerical workers, the ration is 64.8 per cent; for professional, technical and others, it is 83.2 per cent; and for all occupations it is 80.1 per cent. Noting that the study looked at policy options to overcome the above-mentioned factors and recommended, inter alia, a comprehensive review of the objectives of state policy in the area of child care and child income support, the Committee requests the Government, in its next report, to indicate what measures it has taken to follow up on the study.

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

With reference to its previous direct requests, the Committee notes the information and statistics supplied by the Government in its reports.

1. Regarding the proposals to amend the Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act, 1977 which the Minister of Labour was to have introduced by the end of 1991, the Committee notes that the proposals are being re-examined with a view to introducing broadly based legislation to prohibit discrimination in employment not only on the grounds of sex and marital status, but on a wider range of grounds. The Committee asks the Government to inform it of progress in the adoption of the new, broader anti-discrimination proposals.

2. Regarding the use of job evaluation to establish pay scales in collective agreements or employment regulation orders so as to eliminate underpayment of job requirements found predominantly in the work performed by women (such as dexterity, precision and monotony), the Committee notes that employment regulation orders and registered employment agreements are drafted by joint labour committees where formal job evaluation is normally not applied, but where the drafts are subject to public consultation before being submitted to the Labour Court for approval. Noting that the Labour Court approves such drafts only where it is satisfied that they are equitable and comply with the relevant laws - such as the Anti-Discrimination (Pay) Act, 1974 - and any current national agreements on pay and conditions of employment, the Committee asks the Government to inform it in future reports of any refusals by the Labour Court to approve orders or agreements on the basis that they do not respect the law on equal pay for work of equal value.

3. The Committee notes the Government's statement that, in an effort to determine the reasons for the existing male/female wage differentials across employment sectors, the Department of Equality and Labour Reform and the Employment Equality Agency have commissioned research. The Committee asks the Government to supply the results of this research, which is to be completed in late 1993.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report and attached documentation.

1. Referring to its previous comments, the Committee notes that the Minister for Labour was to have introduced by the end of 1991, proposals to amend the Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act, 1977. The Committee requests the Government to supply full information on any amendments made to the Acts, including, when available, the relevant texts.

2. The Committee has also noted the ruling of the European Court of Justice in Murphy and others and Bord Telecom (Case 15/86, 1988 1 CMLR 879), which concluded that the equal pay provisions of the European Community apply in the case where a worker is engaged in work of a greater value than that of the person with whom a comparison is made for the purposes of gaining equal pay; and that sections 2 and 3 of the Anti-Discrimination (Pay) Act are to be read accordingly.

3. The Committee has noted the provisions of the Employment Regulation Orders forwarded by the Government with its report. The Committee has also noted the statement in the report concerning the effect of section 5 of the Anti-Discrimination (Pay) Act, 1974 (under which a provision in a collective agreement, employment regulation order or registered employment agreement in which differences in rates of remuneration are based on or related to the sex of employees is null and void). The Committee observes, however, that even where it appears that pay scales have not been set by reference to the sex of the worker, it may become apparent, through an examination (which would usually involve an objective evaluation of jobs) that some factors, such as physical exertion in the case of work performed mainly by men have been compensated in terms of remuneration whereas those job requirements found to predominate in the work performed mainly by women, such as dexterity, precision and monotony, are undervalued and correspondingly underpaid. The Committee would accordingly request the Government to consider, in consultation with the social partners, the feasibility of examining some of those agreements which cover sectors or industries in which a significant proportion of women are employed to determine whether wage rates have been fixed without discrimination, even of an indirect nature. In this regard, the Committee also requests the Government to indicate the extent to which job evaluation is used to establish pay scales in newly determined agreements or orders.

4. The Committee has noted from the statistics compiled by the Central Statistics Office that women's earnings appear to remain at approximately 61 per cent of men's in the case of weekly earnings and at about 69 per cent in the case of hourly earnings in the industrial sector. The Committee would be grateful if the Government would indicate whether measures have been taken or are contemplated to discern the reason for the wage differential and whether any initiatives have been taken to reduce the gap. In addition, the Committee requests the Government to continue to provide statistical data regarding the average earnings of women and men in the economy.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's report.

2. The Committee recalls that it has been referring for several years to the proposals made for the amendment of the Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977. It notes that a discussion document was circulated to the interested parties in November 1987, and that the observations received will be taken into consideration when the proposals to amend the legislation are being drafted. The Committee again expresses the hope that the Government will soon be able to provide information on the action taken on these proposals.

3. The Committee notes with interest that the equal pay case to which reference was made in earlier reports, and which was referred to the European Court of Justice in 1986, was decided in 1988. Please indicate how account is taken of this decision.

4. The Committee also reiterates its previous request to the Government to indicate in particular the measures which have been taken or are under consideration regarding the examination of collective agreements with a view to eliminating all discrimination.

5. The Committee recalls that it had also previously noted the adoption of Employment Regulation Orders laying down minimum rates of pay in several sectors, including shirt-making (Statutory Instrument No. 131 of 1983), catering establishments (Statutory Instrument No. 269 of 1983), agriculture (Statutory Instrument No. 336 of 1983), and hotels (Statutory Instrument No. 373 of 1983). The Committee once again requests the Government to furnish a copy of the classification tables established on the basis of an objective appraisal of jobs for all sectors employing a large number of women.

6. The Committee recalls that it had previously asked the Government to forward the latest statistics published of comparative wage and earnings levels for men and women in all sectors of the economy, and in particular for industries where there is a large proportion of women employed. It had previously noted that a significant disparity exists in these wage levels in the manufacturing sector, as is apparent from published statistics. The Committee asks the Government to supply the latest statistics with its next report.

7. The Committee notes with interest the statistics which were communicated with the report, showing the number of disputes referred to equality officers under the Anti-Discrimination (Pay) Act, 1974, for each period since 1976. It notes that there are significant variations in the number of cases, with a trend toward lower numbers of disputes submitted and resolved in more recent years. It hopes that the Government will continue to provide similar statistics in future reports.