Texts of pending comments

Articles 3(1)(a) and (b), 17 and 18 of the Convention. Strategy of the labour inspection services to ensure compliance with the legal provisions. The Committee notes the data and statistics provided by the Government in its report in reply to its previous request concerning the enforcement activities of the Workplace Relations Commission (WRC) and the Health and Safety Authority (HSA). The Committee takes note of this information, which addresses its previous request.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its request to indicate the measures it is taking to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, and to provide information on the manner in which it ensures that the cooperation with the immigration authorities is kept separate from labour law enforcement activities, that: (1) the main interaction between the WRC and the Irish National Immigration Service/Garda National Immigration Bureau takes place in the context of inspections by the Workplace Relations Commission (WRC) seeking information on the right to work of third country nationals under immigration legislation, in order to ensure compliance with the Employment Permits Acts; (2) less than 10 per cent of inspections were carried out jointly with other regulatory bodies in 2019 and less than 2 per cent in 2020; 3) in 2020, no inspections were carried out with the Irish National Immigration Service and only a small number involved the Garda National Immigration Bureau, largely where serious exploitation of workers was suspected and where offences both under the remit of WRC Inspectors and the Garda were likely to have been involved.

Regarding its previous request for information on the possibility for foreign workers in an irregular situation to assert their rights before the courts, the Committee notes the Government’s indication that: (i) the WRC is willing to take forward proceedings which meet the criteria laid out in this regard in relevant provisions of the Employment Permits Act 2003, and actions for redress are brought in the Civil Courts rather than the Labour Courts; (ii) such action would be undertaken together with the main representative group dealing with Migrant Rights (Migrants Rights Centre of Ireland); and (iii) to date one such case has been successfully resolved by way of settlement with the employer concerned, while another case has been referred for consideration. The Committee also notes the indication by the Government that the WRC has highlighted the relevant provisions of the Employment Permits Act 2003 in public presentations to employees, employers and statutory bodies, and that it has undertaken to place relevant information on its website. The Committee welcomes the information provided and trusts that the Government will continue taking forward proceedings on behalf of foreign workers in an irregular situation and providing information and advice to such workers in order to allow them to assert their rights before the Courts, in addition to continuing its broader efforts to make the relevant provisions of the Employment Permits Act 2003 better known among employers, employees and statutory bodies.

Articles 10 and 16 of the Convention. Sufficient number of labour inspectors and adequate coverage of workplaces by labour inspection. The Committee notes that, according to the statistical information provided by the Government regarding the number of labour inspectors working at the WRC and the HSA and the inspection visits undertaken : 1) the number of inspectors at the HSA fell from 111 in 2018 to 105 in 2020 (although the number of full-time inspectors remained constant at 96); 2) the number of labour inspectors working at the WRC decreased from 58 in March 2018 to 52 in April 2021; 3) the number of inspection visits undertaken by the WRC increased from 5,753 in 2018 to 7,687 in 2020, and those undertaken by the HSA from 9,830 in 2018 to 10,295 in 2020. The Committee hopes that the Government will ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, and requests that the Government continue to provide statistical information on the number of labour inspectors working at the WRC and the HSA and the inspection visits undertaken by these bodies.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the annual reports of the HSA and the WRC communicated with the Government’s report and available on the respective websites of those agencies, which largely include the information and statistics demanded by Article 21 of the Convention. The Committee takes due note of the Government’s indication that the WRC will review that Article with a view to ensuring the annual reports also contain all the data required to comply with Article 21(c) of the Convention (statistics of workplaces liable to inspection and the number of workers employed therein). The Committee requests the Government to continue its efforts to ensure that future annual reports on the labour inspection activities contain all the information required under Article 21 of the Convention, including Article 21(c).

Article 4 of the Convention. Promotion of Collective bargaining. Self-employed workers. The Committee recalls that the Competition (Amendment) Act No. 12 of 2017 that recognizes to certain categories of self-employed workers the right to bargain collectively had given rise to divergent observations from the Irish social partners, the Irish Business and Employers’ Confederation having expressed its concern in relation to, among others, the parameters and mechanisms for determining the self-employed workers entitled to bargain collectively and the implications of the reform on Ireland’s competitiveness, while the Irish Congress of Trade Unions had on the contrary considered the reform to be far too restrictive as it would not protect the collective bargaining rights of multiple categories of self-employed workers that are not exempted from the competition law. In this regard, the Committee had noted the Government’s indication that: (i) while the Act only grants an automatic exemption from the Competition Act 2002 to three categories of self-employed workers (voice over actors, session musicians and freelance journalists), trade unions are entitled to apply for an exemption using the criteria set out for other classes of self-employed workers (false or fully dependent); (ii) the partners for collective bargaining remain those identified in the Industrial Relations (Amendment) Act 2001, that is, employers, employers’ organizations, trade unions or excepted body; and (iii) section 15F of this Act is aimed at ensuring that any exemptions have no or minimal economic effect on the market.

The Committee takes note of the information provided by the Government in its last report concerning recent activities in the collective bargaining area and in particular of the creation in March 2021 of a new Labour Employer Economic Forum (LEEF) Working Group on Collective Bargaining with a view to reviewing collective bargaining and the industrial relations landscape in Ireland. The Committee also notes that the Government points out that in September 2017, the Department of Enterprise Trade and Employment published a guidance note and an application form in both English and Irish on its website which a Trade Union may use to apply for an exemption from the application of section 4 of the Competition Act 2002 in respect of certain classes of self-employed workers. The Committee finally notes the Government’s indication that to date there has been no application for an exemption under this section by any Trade Union. Recalling that it considers that the degree to which collective bargaining rights are assured to self-employed workers depends on the practical application of the Competition Act, the Committee requests the Government to continue to provide information on its practical application.

Practical application of the Industrial Relations (Amendment) Act 2015. The Committee takes due note of the updated information provided by the Government concerning in particular: (i) the new Sectoral Employment Order (Construction Sector) 2019; (ii) the three Registered Employment Agreements (collectively bargained agreements at enterprise level) registered in 2019; and (iii) the functioning of the eight Joint Labour Committees (JLCs) and the existence of Employment Regulation Orders in place for both the Contract Cleaning and Security JLCs. The Committee requests the Government to continue to provide information on the practical application of the Industrial Relations (Amendment) Act 2015 on the promotion of free and voluntary collective bargaining.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Ireland on 8 January 2019 and on 26 December 2020, respectively. The Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 and on 4 October 2021 respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue. In this regard, the Committee notes that according to Marine Notice 14 of 2020, expiring on 31 December 2021, “where a seafarer’s employment agreement has expired and a seafarer has reached the maximum period of service and/or repatriation of the seafarer is difficult due to travel restrictions, the Seafarer’s Employment Agreement may be extended until six months from the date of expiry with the agreement of the seafarer. In this situation, the same terms and conditions as originally agreed will continue to apply. Any Agreement to such an extension, must be signed by the seafarer and witnessed by a person not party to the Agreement.” The Committee recalls that the extreme fatigue of seafarers who have been on board beyond the default 11 months maximum period of service on board not only constitutes a situation clearly hazardous for the safety and health of the seafarers concerned, but also profoundly endangers the safety of navigation in general. The Committee accordingly requests the Government to provide information on how it ensures in practice that seafarers on board Irish-flagged ships are not requested to continue working beyond the default 11 months maximum period of service on board.

Article II, paragraphs 1(f), 2, 3 and 7, of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee previously noted that the national provisions giving effect to the Convention contain different definitions of “seafarer” and refer to a person who is employed, engaged or works in any capacity on board a ship and “whose normal place of work is on the ship”. The Committee requested the Government to indicate how it has given effect to Article II, paragraph 3, including the adoption of precise criteria to define the categories of persons which have not to be regarded as seafarers. The Committee notes the Government’s indication that the definition of “seafarer” set out in the various implementing instruments was agreed upon following a full public consultation process, including with shipowner and seafarer representative organizations. It further states that there have been no issues raised to date around the determination of a person as a seafarer and that should any doubt arise as to whether a category of person is to be regarded as a seafarer for the purpose of the Convention, and in line with those requirements, a determination will be made by the Marine Survey Office (MSO) following consultation with shipowner and seafarer organizations. While noting this information, the Committee observes however that the Government does not provide information on the criteria that will be used to determine which are the categories of workers whose normal place of work is not on board a ship and who are therefore not to be considered seafarers for the purpose of the Convention. The Committee observes that specific categories of persons have been defined as seafarers in Marine Notice No. 34 of 2020 on Medical and Eyesight Standards and List of Approved Doctors but have not been determined in a general provision. The Committee once again requests the Government to provide the requested information.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee previously requested the Government to provide clarification about the definition of “seagoing Irish ships” and indicate how it ensures that the national provisions implementing the Convention apply to all ships covered by its provisions. The Committee notes the Government’s indication that the various implementing instruments were developed following a public consultation including shipowners’ and seafarers’ organizations. The Government further indicates that the definition of “ship” is aligned with the requirements of Article II, paragraphs 1(i) and 4 and that the additional definitions provided for “seagoing” is merely to provide further clarity to the definition in that the Convention is not applied in Ireland to vessels navigable for its small inland waterway system. The Committee takes note of this information, which addresses its previous request.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. Noting that that S.I. No. 375/2014 – Merchant Shipping (Maritime Labour Convention) (Shipowners’ Liabilities and Repatriation) Regulations (hereinafter, S.I. 375/2014) do not apply to seagoing Irish ships of less than 200 gross tonnage not engaged in international voyages, the Committee requested the Government to indicate how it has given effect to Article II, paragraph 6, of the Convention. The Committee notes the Government’s indication that it was decided not to apply S.I. 375/2014 to Irish ships of less than 200 gross tonnage engaged only in domestic voyages following public consultation including shipowners’ and seafarers’ organizations. The Government further indicates that the reason for this exclusion, in line with Article II, paragraph 6 of the Convention is that such vessels in the Irish context generally return home each evening and as such the application of the Convention was deemed impractical. The Government states that all of the general health, safety and welfare at work national legislation, as well as national employment legislation apply to such vessels. The Committee further notes that S.I. 88/2020 Merchant Shipping (Maritime Labour Convention) (Shipowners’ Liabilities and Repatriation) (Amendment) Regulations 2014 (hereinafter, S.I. 88/2020) has amended S.I. 375/2014 to introduce the 2014 amendments to the Code of the Convention on financial security to assist seafarers in the event of their abandonment and financial security for shipowners’ liability to assure compensation for the death and long-term disability of seafarers, and that those new provisions are also not applicable to ships of less than 200 gross tonnage that are not engaged in international voyages. Noting that S.I. 375/2014 gives effect to various provisions of the Convention, and more specifically to Regulations 2.5, 4.1 and 4.2 and their corresponding provisions of the Code, the Committee is bound to recall that the flexibility provided for in Article II, paragraph 6, for ships under 200 gross tonnage only concerns “certain details of the Code”, i.e. Standards and Guidelines, and it only applies “to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures”. Recalling that ships under 200 GT not engaged in international voyages may not be excluded from the requirements established in Regulations and that any such exclusion has to be limited to “certain details of the Code” (Standards and Guidelines), the Committee requests the Government to adopt the necessary measures to ensure full compliance with the provisions of the Convention. The Committee further requests the Government to: (i) indicate the specific provisions of the MLC, 2006 that do not apply to ships of less than 200 gross tonnage not engaged in international voyages; and (ii) provide detailed information on the alternative national provisions that apply to this category of ships for each Standard of the MLC, 2006 which is not applicable to them.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting that Regulation 6A(2) of S.I. No. 245/2014, European Communities (Merchant Shipping) (Organization of Working Time) (Amendment) Regulations 2014, (hereinafter S.I. 245/2014) allows for exceptions to the strict compliance with the night work restriction, the Committee requested the Government to indicate how it ensures that any exception to night work is not detrimental to the health or well-being of young workers and whether it has consulted the social partners before authorizing the abovementioned exceptions. The Committee notes the Government’s indication that following a public consultation including with shipowners’ and seafarers’ organizations, it was considered appropriate to provide for Regulation 6A(2) of S.I. 245/2014 to allow for the exemption with regard to night work for young persons, in line with the tight parameters of Standard A1.1, paragraph 3. The Government further indicates that Regulation 4(A) of those regulations is also relevant as it stipulates that, “No seafarer under the age of 18 years shall be employed or engaged in duties on board a ship to which these Regulations apply that are likely to cause a risk to his or her health or safety.” In addition, the Government indicates that Regulation 144 of S.I. 299/2007, Safety, Health and Welfare at Work (General Application) Regulations 2007 (hereinafter S.I. No. 299/2007) requires an employer to carry out a risk assessment to determine the risk to the safety or health to a young person and to take the necessary preventive and protective measures. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously noted that in connection with the determination of the types of work likely to jeopardize the health or safety of seafarers under 18 years of age, the Government refers to Regulation 145 of S.I. No. 299/2007. Observing that these provisions do not deal expressly with work on board ships, the Committee requested the Government to provide information on the list of types of hazardous work for seafarers under 18 years which has been determined by the competent authority taking into account the specific conditions of work and risks on board ships for young seafarers under 18 years of age, including information on consultation with the shipowners’ and seafarers’ organizations concerned. The Committee notes the Government’s indication that no specific list on the types of hazardous work for seafarers under the age of 18 has been developed besides the list contained in Regulation 145 of S.I. No. 299/2007, which is of general nature. The Committee notes that the Government refers to Regulation 4A(2) of S.I. 245/2014 which prevents seafarers under the age of 18 from being engaged in duties on board a ship to that are likely to cause a risk to his or her health or safety, and to Regulation 144 of S.I. 299/2007, which requires each employer to carry out a risk assessment for each young person employed aboard the ship and put in place preventative and protection measures. The Committee recalls that the responsibility to determine the types of work which are potentially hazardous and likely to jeopardize the health and safety of young seafarers under the age of 18 years does not lie with the employer and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee accordingly requests the Government to adopt a list of types of hazardous work to take into account the specific conditions of work on board ships for young seafarers under 18 years of age, after consultation with the seafarers’ and shipowners’ organizations concerned, as required under Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. Noting that Regulation 10(c) of S.I. No. 246/2014, Merchant Shipping (Medical Examinations) Regulations 2014 provides a restriction for seafarers, who have had their medical fitness certificates suspended for a period under three months, to the right to have a further examination by another independent medical practitioner or by an independent medical referee, the Committee requested the Government to indicate the measures taken to ensure full conformity with Standard A1.2, paragraph 5. The Committee notes the Government’s indication that Regulation 10(a) where a seafarer has been refused a medical certificate and (b) where a seafarer has had limitations imposed on their medical certificate align entirely with this requirement of the Convention whereby a seafarer can, without any restriction, apply for a review by a medical referee. The Government further indicates that beyond the circumstances provided for under Regulation 10(a) and (b) which are in compliance with Standard A1.2, paragraph 5, an additional circumstance has been added under Regulation 10(c) where a seafarer seeks a review by an independent medical referee where her/his certificate has been temporarily suspended for more than three months. The Government states that going through the review process for any suspension less than three months is impractical, particularly given such a suspension is temporary and will only be given in circumstances to protect the health and safety of the seafarer and fellow crew members where the seafarer is medically unfit to undertake their role in the short term. While noting this information, the Committee observes that the criteria of the suspension of the certificate for a period of more than three months is not in full conformity with Standard A1.2, paragraph 5, which provides for the right of appeal without any restrictions. The Committee accordingly requests the Government to adopt the necessary measures to fully implement this provision of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. Noting that there was no public or private recruitment services authorized to operate in the country, the Committee requested the Government to indicate how seafarers resident in Ireland are generally recruited for working on ships flying the Irish flag and on ships flying the flags of other countries. The Committee notes the Government’s indication that there are two maritime employment agencies licensed to operate. The Committee observes that the website of the Irish Maritime Development Office also refers to a number of international maritime recruitment agencies. The Committee notes the Government’s indication that agencies are required to obtain a licence from the Workplace Relations Commission (WRC) in accordance with the Employment Agency Act, 1971 to carry out the business of an employment agency in the State. While noting that this Act establishes a system of licensing of recruitment agencies, the Committee observes that it is not specific to the maritime sector and that there does not seem to be any reference in particular to the protection of seafarers against monetary loss that they may incur as result of the failure of recruitment and placement services or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. In light of the general nature of the system of licensing of employment agencies established, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to Standard A1.4, paragraph 5 (prohibition of blacklists, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints and establishment of a compulsory insurance scheme to compensate seafarers).

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. In its previous comments, the Committee requested the Government to provide information on the measures envisaged or adopted to implement Standard A1.4, paragraphs 9 and 10 with respect to the obligation to ensure that shipowners on ships flying the Irish flag, which use seafarer recruitment and placement services based in countries in which the Convention does not apply, ensure that those services meet the requirements of Standard A1.4. The Committee notes the Government’s indication that the Employment Agency Act, 1971 does not regulate recruitment processes of individuals, and therefore the Workplace Relations Commission (WRC) has no knowledge in relation to how seafarers resident in Ireland are generally recruited for working on ships flying the Irish flag and on ships flying the flags of other countries. Equally, the WRC has no knowledge of measures envisaged or adopted to give effect to Standard A1.4, paragraph 9, of the Convention. The Government further states that regarding MOUs established with administrations who have in place International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 , any future decision on recognition, including renewals, of third countries will take into account whether those third countries have ratified the MLC, 2006. Noting that there does not seem to be an oversight of how shipowners of ships flying the Irish flag who use seafarer recruitment and placement services based in countries in which the Convention does not apply ensure, as far as practicable, that those services meet the obligations of the Convention, the Committee requests the Government to explain what kind of action is expected from shipowners in order to ensure, as far as practicable, that the recruitment and placement services concerned meet the requirements of the Convention (Regulation 1.4, paragraph 3; Standard A1.4, paragraphs 9 and 10).

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee previously noted that the national provisions do not refer to normal working hours for seafarers nor to the guidance provided concerning young seafarers and therefore requested the Government to indicate how effect is given to Standard A2.3, paragraph 3, and how it has given due consideration to Guideline B2.3.1 of the Convention. The Committee notes the Government’s indication that Ireland acknowledges the normal working hours standard for seafarers is based on an eight-hour day with one day of rest per week and rest on public holidays and that given the terminology used in the Standard, it was not considered necessary to provide for a specific corresponding provision in secondary legislation. The Government further indicates that the provisions of Guideline B2.3.1. are provided for in the Protection of Young Persons (Employment) Act 1996. While noting that, for most employees the normal working hours are based on 48 hours a week with one day of rest per week, as set out in sections 13 and 15 of the Organisation of Working Time Act 1997, section 3 of this Act however provides that Part II on minimum rest periods and other matters relating to working time, including sections 13 and 15, does not apply to employees working at sea. For seafarers, the applicable provisions are S.I. 532 of 2003, European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 as amended by S.I. 245 of 2014, European Communities (Merchant Shipping) (Organisation of Working Time) (Amendment) Regulations 2014 which refer to the limits set out in Standard A2.3, paragraphs 2 and 5 but not to the requirement of paragraph 3. Recalling that each Member acknowledges that the normal working hours shall be based on an eight-hour day with one day of rest per week and rest on public holidays, the Committee requests the Government to indicate the measures envisaged or taken to give effect to Standard A2.3, paragraph 3. Regarding the guidance on hours of work and hours of rest for young seafarers, the Committee observes that S.I. 357 of 2014, Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping Sectors) Regulations 2014 seems to allow exceptions to the limits (no more than 8 hours in any day or 40 hours in any week) set out under section 6(1)(a) of the Protection of Young Persons (Employment) Act 1996. The Committee recalls that Guideline B2.3.1 provides that “working hours should not exceed eight hours per day and 40 hours per week and overtime should be worked only when unavoidable for safety reasons.” The Committee also notes that the rest periods provided for in the Protection of Young Persons (Employment) Act 1996 are not equivalent to those provided for in Guideline B2.3.1. The Committee requests the Government to keep it informed of any development in this respect which would give due consideration to the guidance provided in Guideline B2.3.1.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee requested the Government to provide information on whether any agreements to forgo the minimum annual leave with pay are prohibited under national legislation, in conformity with Standard A2.4, paragraph 3. The Committee notes the Government’s indication that any such agreements are prohibited under European Union law as set out in the Working Time Directive. The Government indicates that the Organisation of Working Time Act 1997 implements the Working Time Directive under Regulation 10A(2) of S.I. 532/2003 as inserted by S.I. 245/2014, according to which annual leave to which a seafarer is entitled may not be replaced by a payment in lieu except where the seafarer’s employment has been terminated. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. Noting that Regulation 11 (Duty to repatriate seafarers) of S.I. 375/2014 provides that a shipowner shall make such provision as is necessary for the repatriation of a seafarer as soon as is practicable, inter alia, where for justified reasons a seafarer’s agreement is terminated by the shipowner or by the seafarer, the Committee requested the Government to clarify if a shipowner who terminates the SEA for any reason shall repatriate the seafarer, as required by the Convention. The Committee notes the Government’s indication that a shipowner is required to provide for repatriation of a seafarer where the shipowner has terminated the SEA for any reason and that Regulation 11 of S.I. 375/2014 is making it clear that this duty remains in place even if the shipowner terminates the SEA for a justified reason. The Committee takes note of this information, which addresses its previous request.

The Committee further notes that Regulation 13 of S.I. 375/2014 provides that the duty to repatriate ends when: (a) the seafarer is repatriated in accordance with Regulation 12; (b) the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct; (c) notwithstanding reasonable endeavours, the shipowner is unable to contact the seafarer for a period of three months or more, or (d) the seafarer confirms in writing to the shipowner that repatriation is not required. The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1 are met. The only case in which this right may lapse in conformity with the Convention is provided by Guideline B2.5.1, paragraph 8, in the case in which the seafarers concerned do not claim that right within a reasonable period of time to be defined by national laws or regulations or collective agreements. The Committee further observes that there does not seem to be a reference to the procedure and processes, which would be used to determine whether the seafarer’s conduct was reasonable or not pursuant to Regulation 13(b) of S.I. 375/2014. Observing that Regulation 13(b) and (d) of S.I. 375/2014 are not in conformity with the Convention, the Committee requests the Government to adopt the necessary measures to ensure that any provision of national legislation which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee previously noted that the Government has indicated that due to his or her “misconduct”, a seafarer can be expected to reimburse the cost of his or her repatriation, according to Regulation 14(2) of S.I. 375/2014. The Committee requested the Government to provide information on what is considered to be misconduct under the applicable legislation and requested the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations” pursuant to Standard A2.5.1, paragraph 3. The Committee notes the Government’s indication that, while there are no specific criteria setting out what constitutes misconduct, there are however a number of provisions in the implementing instruments to deter shipowners from abusing this provision in an unjustified manner, including the on-board complaints procedure and the ability to make a complaint to the MSO directly as provided for in S.I. No. 376/2014 – Merchant Shipping (Maritime Labour Convention) (Flag State Inspection and Certification) Regulations 2014. Furthermore, where a shipowner defaults on his or her repatriation responsibilities, in line with the provisions set out in S.I. 375/2014 as amended by S.I. 88/2020, the State has the ability to provide for the repatriation of the seafarer, including any material assistance or support and can recover the cost from the shipowner. Any shipowner found to have breached his or her responsibilities with regard to repatriation is also subject to prosecution which may result in financial penalties. While noting this information, the Committee draws the Government’s attention to the fact that the definition of what is to be considered as misconduct should not be left to the shipowner’s decision. In light of the above, the Committee requests again the Government to indicate the measures envisaged or taken setting out the procedure to be followed and the standard of proof to be applied in order for a seafarer to be found liable for serious default.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. It notes with interest that S.I. 375/2014 as amended by S.I. 88/2020 gives effect to the requirements of Standard A2.5.2.

Regulation 2.7 and the Code. Manning levels. The Committee previously noted that Regulation 5 of S.I. 551/1998, Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1998 regarding the requirements of the safe manning document only apply to ships of 500 gross tonnage or more and that Regulation 15 of the same S.I. provides that where the Minister considers it appropriate in the circumstances, she/he may grant exemptions from all or any provisions of the Regulations for classes of cases or individual cases. Recalling that Standard A2.7 does not provide for exemptions in relation to the gross tonnage of ships or any other reasons, the Committee requested the Government to indicate the measures taken to ensure that all ships covered by the Convention are required to conform with and to implement the requirements of the Convention on manning levels. The Committee notes the Government’s indication that while vessels under 500 gross tonnage are not required to have a dedicated safe manning document, assurances as to the safe manning of the vessel are confirmed through the certification and/or licensing process. The Government further indicates that with regard to Regulation 15 of S.I. 551/1998 this exemption provision is retained for exceptional circumstances and that no such exemptions have been provided to date. The Committee notes, however, that the Government does not provide detailed information on the application of Regulation 2.7 to ships of less than 500 gross tonnage. The Committee therefore requests the Government to provide information on procedures developed to determine, approve or revise manning levels for ships of less than 500 gross tonnage, specifying how they take into account the need to avoid or minimize excessive hours of work and limit fatigue.

With regard to complaint mechanisms about determinations on the safe manning levels, the Committee previously noted that the Government refers to Regulation 16 of S.I. 376 of 2014, which only deals with on board complaint procedures and therefore requested it to indicate how it has given due consideration to Guideline B2.7.1. The Committee notes the Government’s indication that Regulation 16 of S.I. 376/2014 provides for an on-board complaints procedure and that Regulation 16(4) specifically provides for the ability for complaints to be made directly to the MSO which will treat any such complaint as confidential while undertaking an investigation into the complaint. The Committee also previously noted that the example of a safe manning document communicated with the Government’s first report was related to a bulk carrier ship, and therefore requested the Government to provide examples of a safe manning document regarding other types of ship (passenger, cargo, etc.). The Committee notes the Government’s indication that sample manning document for passenger ship cannot be provided as there are no internationally trading passenger ships on the Irish Flag. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraphs 9 and 11. Accommodation and recreational facilities. Sleeping rooms and sanitary facilities. The Committee previously requested the Government to provide information on the implementation of Standard A3.1, paragraphs 9(f) and (g) (size of the floor area of single berth seafarers’ sleeping rooms), and paragraph 11(f) (hot and cold running fresh water available in all wash places), as well as on the implementation of accommodation requirements on special purpose ships. The Committee notes the Government’s indication that all Irish ships comply with Standard A3.1 paragraph 9(f) even though it is not directly reflected in the Irish legislation and that in its agreements with recognized organizations, they survey for compliance with international Conventions including the MLC, 2006 and certification is based on that compliance. Noting that the Government would be willing to insert a provision into its secondary legislation for clarity, the Committee requests the Government to provide information on any developments in this regard. With regard to its other requests, the Committee observes that paragraph 11(f) of Standard A3.1 is implemented by Regulations 10(4) and 10(5) of S.I. 374/2014 and that there are no special purpose ships on the Irish Flag. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee previously requested the Government to indicate if medical attention includes the possibility to visit a dentist, such as provided under Standard A4.1, paragraph 1(c). The Committee notes the Government’s indication that medical attention includes a visit to the dentist. The Committee further observes that Regulation 5(3) of S.I. 375/2014 with respect to the shipowner’s duty to make provision for seafarer medical care and other expenses provides that medical care expenses include essential dental treatment. The Committee takes note of this information, which addresses its previous request.

Noting that under Regulation 3(4) of S.I. No. 506 of 1997, European Communities (Minimum Safety and Health Requirements for Improved Medical Treatment on Board Vessels) Regulations 1997 (hereinafter S.I. 506/1997), vessels that have a crew of 100 or more workers and engage on an international voyage of more than three days, are required to carry a medical doctor to provide medical care for the workers during the voyage, the Committee requested the Government to indicate the measures taken to bring its legislation into conformity with Standard A4.1, paragraph 4(b) which provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons … ” and not only seafarers. The Committee notes the Government’s indication that it is currently updating S.I. 506/1997 and, in that context, it will engage with the EU Commission in relation to the implementing Directive 92/29/EC which refers to a crew of 100 or more to seek guidance on appropriate implementation as it relates to the text of the MLC, 2006, as amended. The Committee welcomes this information and requests the Government to provide a copy of the amended text once adopted.

Finally, the Committee requested the Government to provide information on the implementation of Standard A4.1, paragraph 4(c) regarding ships which are not required to carry on board a medical doctor. The Committee notes that S.I. 258/2020 has amended S.I. 506/1997 and inserted Regulation 8(A) requiring that the master of the vessel in charge of the medical supplies shall attend a medical training course relating to the category of vessel concerned. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. Noting that Regulation 5(4) of S.I. 375/2014 seems to allow a limitation of the liability of the shipowner for a period of less than 16 weeks from the day of the injury or the commencement of the sickness, the Committee requested the Government to explain how full effect is given to Standard A4.2.1, paragraph 2. The Committee notes the Government’s indication that the provisions set out in Regulation 5(4) of S.I. 375/2014 reflect the requirements set out in Standard A4.2.1, paragraph 1(c). The Committee however observes that Regulation 5(4)(b)(i) of S.I. 375/2014 seems to be more restrictive that Standard A4.2.1, paragraph 1(c) as it may limit the shipowner’s liability to defray medical care expenses for a period shorter than 16 weeks where a registered medical practitioner notifies the seafarer of a decision that the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of his or her agreement and the seafarer is unlikely to be fit to carry out duties of that nature in the future. The Committee observes that it is unclear from this wording whether the shipowner’s liability covers circumstances where the seafarer’s sickness or incapacity has not been declared of a permanent character, and whether in this case medical expenses are assumed by a social security scheme. The Committee accordingly requests the Government to clarify this point and to explain in detail how the relevant legislation gives application to Standard A4.2.1, paragraph 1(c) of the Convention.

The Committee notes that in reply to its previous comments, the Government indicates that Regulation 7(1)(a) of S.I. 375/2014 provides for the duty of the shipowner to cover a seafarer’s wages in the event of illness or injury which occurs during a period which starts on the date on which the seafarer’s agreement commences until: (i) the shipowner’s duty to repatriate ends in line with Regulation 11; or (ii) the seafarer otherwise leaves the ship. The Government further indicates that Regulation 7(1)(a)(ii) is linked with Regulation 13 which sets out the limits and exceptions to the duty to repatriate. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes with interest the Government’s indication that S.I. 375/2014 as amended by S.I. 88/2020 complies with the new provisions of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Noting that the Regulations to which the Government refers were adopted before the entry into force of the MLC, 2006, and do not cover all the matters listed under Guideline B4.3.1, paragraph 2, the Committee requested the Government to provide information on any steps taken to develop and promulgate, after consultation with representative shipowners’ and seafarers’ organizations, national guidelines for occupational safety and health on board ships that fly its flag. The Committee notes the Government’s indication that, in addition to the specific requirements set out in S.I. No. 110/1988 - Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations, 1988, each employer is also subject to the requirements of the Health Safety and Welfare at Work Act 2005 and S.I. 299/2007. In particular, there is an onus on the employer to carry out a risk assessment, prepare a safety statement and put in place protective and preventative measures. The Government further indicates that S.I. 110/1988 is in the process of being updated and a revised statutory instrument will issue later in the year. The Committee welcomes this information and hopes that the revised instrument will give full effect to the Convention. The Committee further requests the Government to provide a copy of the amended text once adopted.

The Committee also previously requested the Government to specify how the requirement of Standard A4.3, paragraph 1(a) (promotion of occupational safety and health policies and programmes on board), is complied with regarding ships employing less than ten seafarers covered under the Convention. Noting the Government’s indication that it will consult its legal advisors with respect Regulation 4(3) of S.I. 109/1988 Merchant Shipping (Health and Safety: General Duties) Regulations, 1988 regarding the application of the Convention to vessels carrying less than 10 seafarers, the Committee requests the Government to provide information on any developments in this regard.

Regulation 4.5 and the Code. Social security. Noting that the branches specified at the time of ratification in accordance with Standard A4.5, paragraph 2 are not the same as those recommended in Guideline B4.5, paragraph 1, establishing that the protection to be provided at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit, the Committee requested the Government to explain how it has given due consideration to this provision of the Convention. The Committee also requested the Government to provide information on the steps taken to extend social security protection for seafarers to branches other than those currently covered - medical care, old-age benefit and survivors’ benefit (Regulation 4.5, paragraph 2, and Standard A4.5, paragraph 11). The Committee notes the Government’s indication that in the context of COVID-19, there are currently no plans to extend the protections given to seafarers under the social security branches covered by the Department of Social Protection. The Committee takes note of this information.

The Committee previously noted that, according to the information provided by the Government, for the three branches specified, social security coverage is not available to all seafarers ordinarily resident in Ireland, but only to those who work on Irish flagged ships. The Committee requested the Government to provide information on the measures taken to ensure full compliance with Regulation 4.5. The Committee also requested the Government to provide further details on social security coverage of seafarers under the bilateral and multilateral agreements mentioned by the Government. The Committee notes the Government’s indication that, ordinarily, workers are subject to social insurance in the country where their work is carried out, but in recognition of the fact that seafarers work across multiple territories, special provisions have been made by Regulation across the European Union (EU)/ European Economic Area (EEA) to coordinate the collection of social insurance. Under those Regulations social insurance is remitted on a one country only basis, and in the case of seafarers, social insurance is normally paid to the country under whose flag the vessel sails. However, if a seafarer is employed on board a vessel flying an EU / EEA flag and is remunerated for that activity by an undertaking with a place of business in another Member State, the seafarer pays social insurance in that latter Member State if she/he resides in that same State. The Government further indicates that Ireland has bilateral social security agreements with a number of Third Countries, some of which make explicit provisions for seafarers in terms of social insurance coverage for long-term benefits, like pensions. If seafarers are working on vessels with no association with EU/EEA Member States, or indeed countries with which Ireland holds a bilateral agreement, then there is no avenue for those seafarers to pay compulsory social insurance from their employment income. However, seafarers have the option to pay voluntary contributions directly to the Department of Social Protection, subject to the same scheme entry criteria that apply to shore workers. Ireland operates a voluntary contributions scheme, which allows workers (seafarers and shore based equally) to continue to remit social insurance in Ireland - solely for pension purposes - if they cease to be covered by social insurance in Ireland or in another EU / EEA Member State, provided they meet entry criteria. Inclusion in the social insurance system of a country with which Ireland holds a bilateral agreement does not prevent workers (seafarers and shore based alike) from paying voluntary contributions in Ireland. The Committee also notes the Government’s information on the negotiated bilateral agreements with several countries, which purpose is to protect the pension rights of people who have worked and paid social security contributions in Ireland and the countries with which Ireland has such agreements. This is achieved by allowing reckonable social security contributions paid in one or more of these countries to be aggregated with Irish full-rate social insurance contributions for the purposes of qualifying for certain contributory payments in Ireland or in these countries. The Committee observes that seafarers residing in Ireland and employed on board foreign ships (other than EU/EEA or those with existing bilateral agreements) would only be entitled to voluntary affiliation and would need to bear alone the financial burden of both employer’s and employee’s contributions, in breach of the principle established by Regulation 4.5, paragraph 3, according to which seafarers who are subject to the national social security legislation are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. The Committee therefore requests the Government to indicate the measures taken or envisaged to comply with the principle of equality of treatment between seafarers and shoreworkers as regards social security protection in the case of seafarers serving on board foreign ships (other than EU/EEA).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. Noting that Regulation 14 of S.I. 376/2014 provides that the shipowner or the master shall make the maritime labour certificate and the declaration of maritime labour compliance (DMLC) available, upon request, to an organization that represents seafarers, the Committee requested the Government to provide information on how it ensures that a copy of these documents shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives in accordance with Standard A5.1.3, paragraph 12. The Committee notes the Government’s indication that Regulation 14 of S.I. 376/2014 provides that the shipowner and master must ensure that the maritime labour certificate or interim maritime labour certificate for the ship and the DMLC are carried on board and posted in a conspicuous place where they are available to seafarers. As noted above, Regulation 14 also requires that such documents are made available to an organisation representing seafarers. The Government further indicates that, authorized persons (MSO surveyors or Recognized Organizations) have powers to review and inspect such documents under section 87 of the Merchant Shipping Act 2010. The Committee takes note of this information.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Considering the Government’s indication that the certification and inspection functions have been delegated to Recognized Organizations (ROs), the Committee requested the Government to provide further information on the qualifications, training and status required for flag State inspectors carrying out inspections under the Convention (Standard A5.1.4, paragraphs 3, 6, 11 (a) and 17). The Committee also requested the Government to provide detailed information on the procedures for receiving and investigating complaints (Standard A5.1.4, paragraph 5). The Committee notes the detailed explanations provided by the Government in this regard, including the requirements of EU legislation that the agreements with ROs are based upon, to undertake ship surveys and certification of Irish registered vessels on behalf of the Irish Maritime Administration when required (S.I. 275/2011 – European Communities (Ship Inspection and Survey Organisations) Regulations 2011). The Government further indicates that the MSO monitors the performance of authorized ROs on an ongoing basis and that, an Irish Committee of Recognized Organizations (ICRO), established by the MSO, meets on an annual basis and is attended by representatives of each RO, the MSO and other Maritime Divisions of the Department as necessary. With respect to the procedures for receiving and investigating complaints, the Committee notes the Government’s indication that Regulations 15 and 17 of S.I. 376/2014 set out the powers of surveyors, including ROs to investigate compliance with the MLC, 2006 as well as offences for breaching the requirements or impeding a surveyor or RO in the course of their work. Any complaint received in the MSO in relation to an alleged breach of the MLC, 2006 is treated as strictly confidential. The MSO carries out a rapid initial assessment to determine if there is merit to the complaint. Where a determination is made that the complaint is unfounded, the complainant is informed of the decision and the reasons for it. Where a determination is made that the complaint is justified, the MSO takes whatever action is necessary. The identity of the complainant is not revealed to the master or the owner of the ship concerned and the relevant surveyor investigating the complaint takes all appropriate steps to safeguard their confidentiality, including during any interviews conducted. Where a breach is identified, the shipowner or master is directed to take corrective action and if it is a foreign flagged ship the appropriate administration is notified. The Committee takes note of this information, which addresses its previous request.

Noting that the requirement of Regulation 10(2) of S.I. 376/2014 that an inspection report shall be furnished by the surveyor to the competent authority or the recognized organization, as applicable, and a copy of each report shall be given to the master of the ship, appears to only concern the certification inspection report, the Committee requested the Government to provide further information on the arrangements made to ensure that inspectors submit a report of each inspection to the competent authority, that a copy is furnished to the master and another posted on the ship’s notice board (Standard A5.1.4, paragraph 12). The Committee notes the Government’s indication that the certification report referred to in Regulation 10 relates to all inspections (initial, intermediate and renewal). While noting this information, the Committee observes that this provision does not seem to apply in the case of an investigation pursuant to a complaint. The Committee therefore requests the Government to indicate the measures envisaged or taken to give full effect to the requirement of Standard A5.1.4, paragraph 12.

Finally, noting that there does not seem to be a clear reference in the national provisions empowering a surveyor to prohibit a ship from leaving port in case of serious non-compliance with the MLC, 2006, the Committee requested the Government to indicate how it ensures that Standard A5.1.4, paragraph 7(c), is fully implemented. The Committee notes the Government’s indication that Regulation 15(1) of S.I. 376/2014 provides that a surveyor of ships may require that such corrective measures be taken as she/he considers necessary having regard to any deficiencies identified and that pursuant to section 87(7)(b) of the Merchant Shipping Act 2010 it is made clear that the adoption of corrective measures includes prohibitions on operating ships in line with Standard A5.1.4, paragraph 7(c). The Committee takes note of this information which addresses its previous request.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Noting that pursuant to Regulation 6 of S.I. 276/2011, European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011, the holding of an investigation is optional in the case of any other casualty or incident other than very serious casualties, which are defined as those involving the total loss of the ship or a death or severe damage to the environment, the Committee requested the Government to indicate how it ensures that investigations are held in the event of any serious marine casualty leading to injury, as required by Regulation 5.1.6, paragraphs 1 and 2 of the Convention. The Committee notes the Government’s indication that the legislation implementing the investigation of marine casualties was adopted prior to the MLC, 2006 and that the distinction between the mandatory investigation of “very serious casualties” and the preliminary assessment of “serious casualties” reflects the requirements of the EU legislation as well as the IMO’s Casualty Investigation Code 2008. The Government further indicates that it considers that the provisions set out in S.I. 276/2011 reflect the requirements of EU law and other international laws including the MLC, 2006 and that in practice the Board have carried out many investigations into “serious casualties” as well as “very serious casualties”. While noting this information, the Committee however recalls that pursuant to Regulation 5.1.6, paragraph 1, the investigation into any serious marine casualty, leading to injury is not optional, and therefore requests the Government to take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury.

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.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Irish Congress of Trade Unions (ICTU), received on 31 August 2019.

Articles 1(1)(a) and 2 of the Convention. Gender discrimination and equality of opportunity and treatment for men and women. The Committee recalls that article 41(2) of the Constitution provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.” In its previous comment, the Committee noted the policy statement of the Irish Human Rights and Equality Commission (IHREC) of June 2018, in which it called for article 41(2) of the Constitution to be rendered gender neutral, refer to “family life” (understood as including a wide range of family relationships and situations in which family members do not live in the same house) and recognize and support care work, including by parents and other persons providing family care. Noting the ongoing constitutional review process, the Committee urged the Government to provide information on the steps taken to ensure that article 41(2) of the Constitution does not encourage, directly or indirectly, stereotypical treatment of women in the context of employment and occupation. It notes the Government’s statement in its report that the referendum foreseen on the question was postponed and the matter was referred to a Citizens Assembly, composed of a Chairperson and 99 citizens randomly selected to be broadly representative of the Irish electorate. The Committee welcomes the fact that in February 2020 a large majority of the Citizens Assembly was in favour of the deletion and/or replacement of article 41(2) of the Constitution. It also notes the supplementary information provided by the Government, indicating that subsequent meetings of the Citizens Assembly have been postponed due to the COVID-19 pandemic, but that it met on-line in July 2020 to consider public submissions. The Government indicates that the situation is being kept under ongoing review and that it is expected that the Assembly will issue a series of recommendations. The Committee asks the Government to provide information on the steps taken to implement the recommendations of the Irish Human Rights and Equality Commission, as well as the Citizens Assembly initiative, and to ensure that article 41(2) of the Constitution does not in any way encourage, directly or indirectly, the stereotypical treatment of women in the context of employment and occupation.

Article 1(1)(a). Discrimination based on political opinion or social origin. In its previous comment, the Committee once again urged the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on the measures adopted or envisaged to ensure protection in practice. The Committee once again recalls that, where legal provisions are adopted to give effect to the Convention, they should include at least all of the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee welcomes the Government’s statement that the Department of Justice and Equality has commissioned research on the addition of socio-economic status as a prohibited ground of discrimination in the equality legislation and that the findings of the research are due in the autumn of 2020. The Committee however notes with concern that, with regard to discrimination based on political opinion, the Government states that there are no further developments envisaged. In this regard, the Committee also notes the ICTU’s observations emphasizing that Chapter 6 of the Belfast Agreement (signed on 10 April 1998, also known as “the Good Friday Agreement”), entitled “Rights, Safeguards and Equality of Opportunity”, commits the Government of Ireland to take measures to ensure that there is at least equivalent protection of human rights in Ireland as in Northern Ireland. In this regard, the Committee further notes the indication by the ICTU that the anti-discrimination legislation in Northern Ireland includes political opinion as a prohibited ground of discrimination. The Committee asks the Government to provide information on the findings of the research commissioned on including socio-economic status as an additional prohibited ground of discrimination in the equality legislation and on the measures taken or envisaged as a result. It once again urges the Government to take steps to ensure formal legislative protection against discrimination in employment and occupation based on political opinion and social origin and to provide information on how protection against discrimination on these two grounds is ensured in practice.

Article 1(2). Inherent requirements of the job. In order to ensure that any exception to the principle of non-discrimination enshrined in the Convention is restricted to the inherent requirements of a particular job, in previous comments the Committee urged the Government to take steps to amend the relevant provisions of section 2 of the Employment Equality Act 1998, as revised, which excludes from the scope of the Act “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” (section 2 thereby permits employers of domestic workers to make recruitment decisions on discriminatory grounds). The Committee notes the Government’s statement that there have been no further developments in this regard. It is therefore bound to recall once again what may be considered “inherent requirements of the job” and that overly broad exceptions in equality legislation excluding domestic workers from the protection of discrimination in respect of access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention. The Committee considers that the right to respect for private and family life should not be construed as protecting conduct that infringes the fundamental right to equality of opportunity and treatment in employment and occupation, including conduct consisting of differential treatment of candidates for employment on the basis of any of the grounds covered by Article 1(1)(a) of the Convention where this is not justified by the inherent requirements of the particular job (2012 General Survey on fundamental Conventions, paragraph 830). In this regard, the Committee once again wishes to draw the Government’s attention to the fact that: (1) no provision in the Convention limits its scope with regard to individuals or branches of activity; and (2) the protection afforded by the Convention includes all aspects of employment and occupation, including access to employment and to particular occupations. The Committee once again urges the Government to take steps to amend the relevant parts of section 2 of the Employment Equality Act so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1)(b) and 2 of the Convention. Discrimination based on disability and equality of opportunity and treatment. In its previous comment, the Committee asked the Government to provide information on the steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, including under the National Disability Inclusion Strategy (NDIS) 2017–21 and the Comprehensive Employment Strategy for People with Disabilities (CESPD) 2015–24; as well as the impact of such measures. The Committee notes that, in its assessment of progress under the NDIS for the period 2017–18, the National Disability Authority noted that: (1) only 36 per cent of persons with disabilities of working age (20 to 64 year-old) were reported to be in employment in the 2016 census, compared to 73 per cent of those without a disability in the same age-range; (2) steps were taken across the public service to enhance data collection; (3) work was under way to gather data on the number of persons, including persons with disabilities, accessing further education and training (FET) courses, while regretting that barriers remained as some FET courses were not available in all regions; (4) two significant recommendations of the “Make Work Pay Report” (2017) were implemented, namely the increase of the earnings threshold for retention of both the disability allowance and the medical card (to ensure that persons with disabilities who take up employment can retain access to these entitlements, so that work ‘pays’ and they do not end up financially worse off as a result of their employment); and (5) in 2018 the public sector as a whole achieved a level of 3.5 per cent of its workforce composed of persons with disabilities (Part 5 of the Disability Act requires a minimum of 3 per cent) and the CESPD 2015–24 commits to increasing the statutory minimum requirement to 6 per cent by 2024. The Committee also notes the Government’s statement in its report that, according to a 2019 report of the National Disability Authority, approximately 2,050 persons have taken up employment whilst on receipt of the disability allowance since the changes to disability-related benefits were introduced in 2017 with the aim of making it easier for people with disabilities to feel secure in their decision to explore work options and maintain key benefits when working. Over the same period, the average number of persons leaving the disability allowance system and getting a job has also increased by 21 per cent, from approximately 845 to 1,025 per year. It also notes the supplementary information provided by the Government indicating that, according to the mid-term review of the NDIS 2017–2021 published in February 2020, stakeholders want the emphasis for 2020 and 2021 to be on implementing existing commitments within the Strategy and on fulfilling obligations that arise from Ireland’s ratification in 2018 of the United Nations Convention on the Rights of Persons with Disabilities. Furthermore, the Second Action Plan (2019–2021) of the CESD was published in December 2019 and includes a range of actions to advance the strategic priorities which are to: (1) build skills, capacity and independence; (2) provide bridges and supports into work; (3) make work pay; (4) promote job retention and re-entry to work; (5) provide coordinated and seamless support; and (6) engage employers. Welcoming the steps taken so far, the Committee asks the Government to continue to provide information on the concrete steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, as well as information, including detailed statistics, on the results achieved under the National Disability Inclusion Strategy 2017–21 and the Comprehensive Employment Strategy for People with Disabilities 2015–24.

Article 2. Gender equality. The Committee previously asked the Government to amend section 6 of the Adoptive Leave Act to ensure that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters. It also asked the Government to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps, including under the National Strategy for Women and Girls 2017–20. As regards the latter, the Committee notes the Government’s indication that the Strategy is implemented through 139 actions undertaken by Government departments and agencies, in cooperation with the social partners and civil society. The Strategy includes actions aimed at addressing occupational gender segregation and, in particular, the low representation of females in apprenticeships and in occupations related to science, technology, engineering and mathematics (STEM). The Government adds that, at the end of 2018, there were 341 female apprentices registered across 36 apprenticeships schemes on offer, a significant increase from the 2015 figure of 26. The STEM Education Policy Statement 2017–2026 and its Implementation Plan 2017–2019, which include the aim to increase uptake of STEM subjects by females by 40 per cent by 2026, are currently being implemented. According to the Government’s indication, the first report (May 2019) of the Balance for Better Business’ Review Group of senior figures in business and the public service (established by the Government in July 2018) includes targets for Irish businesses to achieve 33 per cent of female directors for the top 20 listed companies by 2023, and for companies listed on Euronext Dublin not to have an all-male board by the end of 2019. Finally, the Government indicates that the employment rate of women aged 20–64 increased from 65.4 per cent in 2016 to 68.1 per cent in 2018, while the gap between male and female employment rates narrowed from 13.7 to 12.2 percentage point. Regarding the request to amend section 6 of the Adoptive Leave Act to ensure that any adoptive parent is entitled to take leave, the Committee notes that the Government limits itself to indicating that this will be considered in the context of future appropriate legislation, without providing any information on the status of the Family Leave Bill mentioned in the previous comment. The Committee notes, however, that the Parental Leave (Amendment) Act of 2019 increased the entitlement to unpaid parental leave to 26 weeks as from 1 September 2020 and raised the age of the child for which this benefit is available from 8 to 12 years (16 if the child suffers from a disability or long-term illness). It also notes that the Parental Leave and Benefit Bill of 2019 provides that eligible parents of children born or adopted on or after 1 November 2019 will be entitled to take two weeks paid leave in the first year of the child’s life. The Committee asks the Government to continue to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps. More particularly, it asks the Government to provide information on : (i) the results achieved under the National Strategy for Women and Girls 2017–20, and the STEM Education Policy Statement 2017–2026 and its Implementation Plan 2017–2019; (ii) the status of the Family Leave Bill and the Parental Leave and Benefit Bill of 2019, while ensuring that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters; and (iii) the uptake of both paid and unpaid parental leave, disaggregated by sex.

Equality of opportunity and treatment irrespective of race, colour and national extraction. In its previous comment, the Committee requested information on the steps taken or envisaged to: (1) promote equality of opportunity and treatment for the members of the traveller community and on the results achieved; and (2) promote equality of opportunity and treatment in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved. The Committee notes the Government’s reply that an “employment subgroup” including relevant agencies and representatives of the traveller community was established in 2018 to implement the actions foreseen under this thematic area in the National Traveller and Roma Integration Strategy (NTRIS). The Department of Employment and Social Protection has committed to delivering and supporting a range of assistance and targeted measures to increase employment, training and apprenticeship opportunities for travellers and Roma over the long term. The Government adds that mothers from the Traveller community will benefit from the new Affordable Childcare Scheme, thus enabling them to engage in employment. As regards migrant workers, the Committee notes the Government’s statement that ten actions within the Migrant Integration Strategy focus specifically on employment and pathways to work. These include actions focusing on education and training and initiatives to engage with prospective entrepreneurs. The 2018 monitoring report on integration showed that non-Irish nationals were matching Irish nationals on several key economic and social indicators but that nationals from countries outside the European Union tended to have lower employment rates and higher unemployment rates than Irish nationals. The most disadvantaged group remained the African nationals, with an employment rate of 45 per cent, compared to 70 per cent for other non-Irish nationals. The Committee also notes that, in its latest concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) remained concerned that the Government had not yet developed concrete action plans or allocated a sufficient budget to implement the NTRIS and recommended the adoption of legislative measures to formalize the recognition of travellers as an official minority group, clarifying, promoting and protecting their rights. It recommended that the Government take effective measures with an adequate level of resources to improve employment among travellers and Roma people, as well as to address all forms of discrimination against people of African descent, in particular in the employment and education sectors (CERD/C/IRL/CO/5-9, 23 January 2020, paragraphs 24(a), 31, 32, and 34(a)). The Committee asks the Government to provide information on the concrete measures adopted, including in the context of the National Traveller and Roma Inclusion Strategy, to promote equality of opportunity and treatment for the members of the traveller community, and on the results achieved. The Committee also asks the Government to provide statistics on the number of travellers and Roma people who have benefited from the above-mentioned measures or who have entered the workforce. The Committee also asks the Government to continue to provide information on the specific steps taken to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction, including with respect to migrant workers, and on the results achieved.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously, the Committee asked the Government to provide information on the funds allocated to the Irish Human Rights and Equality Commission (IHREC) and the Workplace Relations Commission (WRC), on their respective mandates and responsibilities, and on their activities aimed at promoting equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s reply that the IHREC is funded through a vote of Parliament and that its allocation has been increased every year since its establishment in 2015. In 2018, it prepared a draft Code of Practice on Equal Pay and began work on a revised version of the 2012 Code of Practice on Sexual Harassment and Harassment at Work (which was submitted for Ministerial approval in 2019) and on a new Code of Practice on Family-friendly Measures in the Workplace. In addition, work has commenced on a draft Code of Practice on Reasonable Accommodation in Employment, focused on employment of people with disabilities. The Government also indicates that the WRC’s Strategy Statement 2019–2022, entitled “Fair and Compliant Workplaces and Equal Treatment Services”, was approved by the Government in December 2018 and that the Commission is adequately resourced to fulfil its mandate. Additional funding has been provided in 2019 to enable the WRC to deal with the anticipated increased workload that will arise from An Garda Siochána (the national police and security service) gaining access to the WRC, and to facilitate an improved delivery of its services to regional locations. The Committee asks the Government to continue to provide detailed information on the funds allocated to the IHREC and the WRC, on their activities aimed at promoting equality of opportunity and treatment in employment and occupation and on the results achieved. The Committee asks the Government to provide information on the status of the Code of Practice on Equal Pay, the Code of Practice on Sexual Harassment and Harassment at Work and the Code of Practice on Family-friendly Measures, and provide a copy if they have been adopted.

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 on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Employment policy measures. Impact of COVID-19. In its previous comments, the Committee requested the Government to provide information on the impact of the employment measures taken under its twin key strategies: the Action Plan for Jobs and Pathways to Work 2016–20. It also requested the Government to continue to provide information on the procedures for deciding on and reviewing employment measures implemented within the framework of an overall economic and social policy. The Committee notes with interest that the Action Plan for Jobs has delivered strong job growth. In its supplementary report the Government indicates that as of the first quarter of 2020, total employment had grown to 2,353,500, representing 490,300 more people in employment since the Action Plan for Jobs was first launched in 2012. The Committee further notes that these are the highest employment figures ever recorded in the country and significantly above the Government’s 2020 target of 2.1 million. The Government indicates that the unemployment rate, which peaked at almost 16 per cent in 2012 had fallen to 4.7 per cent in the first quarter of 2020 and long term unemployment had fallen to 1.2 per cent, well below the target of 2.5 per cent set out in Pathways to Work 2016–2020. The Committee notes that the Government’s policies had increased the employment rate by over 15 per cent in all eight regions from the first quarter of 2012 to the first quarter of 2020. The Committee further notes that the targets set in the Programme for Government in 2016 for the creation of 200,000 additional jobs by 2020, including 135,000 jobs outside of Dublin, had been exceeded with jobs created totalling 272,700. The Government indicates that the impact of COVID-19 on Ireland’s economy is evidenced in the Labour Force Survey figures for the second quarter of 2020, which indicate that employment decreased by 149,800 (-6.3 per cent), bringing total employment down to 2,222,500. The Committee notes that a new Programme for Government was introduced in June 2020, setting a new target to create 200,000 additional jobs by 2025. With regard to the procedures for deciding on and reviewing employment measures implemented, the Government indicates that a set of milestones and metrics are used as indicators of progress in addressing the challenges and delivering on Pathways to Work 2016–2020. Progress on milestones are presented quarterly to the Cabinet Committee, and metrics are published on the Department website and reviewed and updated on an annual basis to reflect the key challenges and issues being addressed under this strategy each year. The Committee notes from the supplementary information provided by the Government that the majority of activities under Pathways to Work 2016–2020 have now been completed and reflect the much different economic landscape resulting from the COVID-19 pandemic. In this respect, the Government indicates that the Department of Employment Affairs & Social Protection (DEASP) is developing a successor strategy for the period 2020–25, aimed at ensuring that positive labour market outcomes are achievable for all groups in Irish society and that the Irish labour force is well positioned to respond to ongoing and future economic challenges. The Government further indicates that the DEASP will continue to review its labour market activation programmes to ensure that they remain aligned to labour market needs. The Labour Market Advisory Council is expected to remain an important component of the recovery process, providing guidance on the active labour market policy responses required to address the economic challenges that Ireland is facing over the immediate and longer term. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by sex, age, region and economic sector on the impact of the COVID-19 pandemic on employment, unemployment and visible underemployment and on measures taken or envisaged to address the challenges encountered. The Committee further requests the Government to provide information on the implementation and outcomes of the new Programme for the creation of 200,000 additional jobs by 2025. The Government is further requested to provide updated information on the development, implementation and impact of the employment strategy for the period 2020–2025.

Education and training policies and programmes. The Committee had previously requested the Government to provide information on the impact of the Action Plan for Education, the National Skills Strategy 2025, and the Further Education and Training Strategy 2014–19. The Government indicates that the annual review of the Action Plan for Education registers an achievement rate of 85 per cent for 2018, rising to 86 per cent in the first quarter of 2019. The key achievements of the Action Plan from 2018 to 2020 include: the establishment of the Technological University Dublin; an employer satisfaction survey, as well as the roll-out of 11 new apprenticeship programmes in 2019 and three in 2020. The Government indicates that through the Action Plan to Expand Apprenticeship and Traineeship for the period 2016–20, the number of apprenticeship programmes has grown from 25 to 58 with a further 20 in development. The pathways to participation in Apprenticeship has also been reviewed to ensure that the national apprenticeship system is more inclusive of diverse backgrounds and is accessible to all. In addition, the Government launched a national apprenticeship jobs platform in 2019 (www.apprenticeshipjobs.ie) and a national promotional campaign, Generation Apprenticeship, was created to promote apprenticeship participation and opportunities at local, regional and national levels. The Committee notes that the number of employers engaging with the apprenticeship system increased from 3,558 in 2015 to over 6,000 in 2019 and that annual new apprentice registrations grew from 3,153 to 6,177 between 2015 and 2019. The Government indicates that the COVID-19 has impacted recruitment into apprenticeship programmes, with recruitment being reduced by 60 per cent as of mid-2020. A time-limited Apprenticeship Incentivisation Scheme for employers of apprentices has been introduced whereby a €3,000 grant is paid over a two-year period for each new apprentice who is registered between 1 March and 31 December 2020 and retained into the third quarter of 2021. With regard to the National Skills Strategy 2025, the Government indicates that the level of adult participation in lifelong learning in Ireland increased from 6.9 per cent in 2016 to 12.6 per cent in 2019. A National Skills Council as well as an Expert Group on Future Skills Needs (EGFSN) have been established to advise the Government on future skills requirements and associated labour market issues that may impact the national potential for employment growth. The Government adds that nine Regional Skills Fora have been established to engage employers, enterprises and education and training providers at the regional level to tailor responses to skills needs. These Fora engaged with over 1,498 enterprises in 2019, 75 per cent of which were small, medium and micro-enterprises. The Committee notes the implementation of the Further Education and Training Strategy 2014–2019 (FET), which resulted in significant progress in education and which is periodically assessed and reviewed. The Government indicates that as a part of Budget 2018, the rate of the National Training Fund (NTF) levy has been increased (by 0.1 per cent in 2018 to 0.8 per cent and by a further 0.1 per cent in both 2019 and 2020) and a reform package, developed in consultation with employers, has been attached to the fund to make it more responsive to employers’ needs. The Government further indicates that as part of the reform package various policies and programmes, such as Skills to Advance, Springboard+ and Skillnet Ireland have been implemented to promote the upskilling and reskilling of the current workforce. The Committee notes that Skills to Advance, which is an employee development policy framework, enables targeted support for groups in vulnerable situations in the Irish workforce, with a particular focus on those with lower skills levels. It also supports small and medium-sized enterprises in developing their workforce. The Committee further notes that the Government has also initiated the Skill to Compete programme in response to the urgent need for activation, upskilling and reskilling of workers who have been displaced from their jobs as a result of COVID-19. It will provide for 19,000 additional full time and part time places, prioritizing placement of persons who have lost their jobs as a result of the pandemic. The Government anticipates that a period of at least 18 months will be required to fully address the labour market disruption caused by COVID-19. The Committee requests the Government to continue to provide detailed updated information, including statistics disaggregated by age and sex, on the impact of the Action Plan for Education, the National Skills Strategy 2025, the apprenticeship programmes and other relevant measures, in terms of enabling young people, women and persons belonging to disadvantaged groups to secure lasting employment. The Committee further requests the Government to provide information on the impact of upskilling and reskilling initiatives and programmes, such as the Skill to Compete and Springboard+ 2020 programmes, on persons who have lost their jobs as a result of COVID-19 and on employment trends.

Article 3. Consultations with the social partners. In its previous comments, the Committee requested further information on the activities of the Labour Employer Economic Forum (LEEF) with respect to the development, implementation and review of coordinated employment policy measures and programmes and their links to other economic and social policies. In its supplementary information, the Government indicates that, in response to COVID-19, the national Return to Work Safely Protocol was introduced in May 2020. It is designed to support employers and workers in putting measures in place to prevent the spread of COVID-19 in the workplace. The initiative was jointly led by the Department of the Prime Minister (the Taoiseach), the Department of Business, Enterprise and Innovation and the Health and Safety Authority. The Protocol was developed and adopted following discussion in the LEEF, as the forum for high-level dialogue between the Government, trade unions and employer representatives on matters of strategic national importance. The Committee notes that a sub-group of the LEEF has been established to oversee the implementation of the Protocol across Ireland, in parallel with existing occupational health and safety statutory requirements. The Committee requests the Government to continue providing examples of the participation of the social partners in the development, implementation and review of measures adopted to promote full, productive and freely chosen employment, including measures aimed at overcoming the profound impacts of COVID-19 on the labour market.

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 on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Irish Congress of Trade Unions (ICTU) received on 26 October 2018. It further notes the observations of the ICTU received on 9 October 2019, together with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Article 3(1) of the Convention. National policy for hotel and restaurant workers. The Government indicates that, following the first review of the existing bipartite joint labour committee system (JLCs) by the Labour Court in 2013, the Dublin Hotels JLC was abolished by a Ministerial Order in January 2014. In its second review carried out in March 2018, the Court took note of the submissions of the employers’ and workers’ representatives, who expressed the unanimous view that there was no justification for maintaining the two existing JLCs for the catering sector. Thereafter, the Statutory Instrument giving effect to the amalgamation of the two catering JLCs came into force on 19 December 2018. In response to the Committee’s 2013 direct request concerning the impact of the economic and financial crisis on the hotel and restaurant sector, the Government reports on a series of legislative measures and initiatives taken to boost the hospitality sector. The Government indicates that the Employment (Miscellaneous Provisions) Act 2018, which came into force on 4 March 2019, introduced a number of significant changes to the labour legislation, and increased protections for employees in the hospitality sector. It adds that, as of 1 January 2019, under the National Minimum Wage Order 2018, the national minimum wage for an experienced adult employee is €9.80 per hour, and that wage rates solely based on age as well as trainee rates are abolished. This provision applies equally to workers in the hospitality sector. In its supplementary information, the Government indicates that, as of 1 February 2020, under the National Minimum Wage Order 2020, the national minimum wage for an experienced adult employee is €10.10 per hour, with separate national minimum wage rates provided for young people and trainees. The Committee takes note of a series of initiatives taken by Fáilte Ireland and Tourism Ireland, such as the introduction of a number of regional experience brands designed to stimulate regional tourism, for example, the Wild Atlantic Way campaign launched in January 2018. In addition, the Department of Transport, Tourism and Sport (DTTAS) published a Greenways Strategy for the development and future funding of Greenways in the country, to create new sustainable employment opportunities for communities where they are located. The Government also introduced a reduced VAT rate on tourism-related services, from 13.5 to 9 per cent in 2011, which applied to the hotels sector and to restaurants and cafe services. The Committee notes with interest that, according to the report, partly as a result of these initiatives, hotel sector occupancy levels have recovered, job vacancies in the hotel sector increased by almost 200 per cent between 2013 and 2017, and all regions benefited from job growth. According to the Government’s report, a 2017 study commissioned by Fáilte Ireland indicated that employment in sectors where the reduced VAT rate applies increased by 38,400 since the reduced rate was implemented, attributing between 4,800 and 8,900 of these jobs to the VAT reduction. In its observations, the ICTU expresses the view that the increase in employment in the tourism sector was not entirely attributable to the reduced VAT, referring to the June 2018 review by Ireland’s Revenue Commissioners and the July 2018 report of Ireland’s Department of Finance. The ICTU also refers to some sectors where the lower rate (9 per cent) of VAT applies, despite years of a favourable VAT rate accorded to the sector during the economic crisis, as documented in the above-mentioned reports of June and July 2018. The ITUC further asserts that employers in some of these sectors refuse to engage with the JLC system and that the Government has repeatedly declined to compel them to do so. The Committee requests the Government to continue to provide updated detailed information on further developments concerning the national policy for hotel and restaurant workers, and to transmit copies of any new texts, legislative or others, which may be adopted with respect to pay and employment conditions in the hotel and catering sector. Noting that separate national minimum wage rates are provided for young people and trainees, the Committee requests the Government to clarify what is the basis for the different rates, and provide information on the breakdown of the workforce, specifying the percentage of young workers.

Training and education programmes. The Government refers to the policy “People, Place and Policy: Growing Tourism to 2025”, published in March 2015, which highlights the key role of training and education in ensuring an adequate supply of skilled staff in the tourism sector, and sets out a number of policy proposals in relation to employment promotion, training initiatives and working conditions. The Committee notes that a Tourism Action Plan for the period 2019–21 was published in December 2018. Subsequently, a new Tourism and Hospitality Careers Oversight Group was established to address labour supply and skills development issues affecting the growth of tourism businesses. The Committee notes that the Group is chaired by Fáilte Ireland and its members include: industry representative bodies, education providers and state agencies. The Committee requests the Government to provide information on the nature, content and extent of training and education programmes aimed at improving the skills of those employed in the hotel, restaurant and catering industry.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Irish Inspection Services in the report, in relation to the activities of the Workplace Relations Commission, established in 2015. The Committee notes the detailed information provided by the Government regarding the results of the inspections conducted on the accommodation and food service sector, the food and drink sector and the hotels sector. The Committee notes that, in 2019, inspectors concluded 4,804 workplace inspections, covering over 126,903 employees and recovering over €3.9M in unpaid wages. However, the Committee notes with concern the Government’s indication that the food and drink sector remains an area of relative high non-compliance in terms of employment law, with the main areas of non-compliance in 2019 being the failure to maintain employment records, non-payment of public holidays and employing foreign nationals without obtaining proper authorization. The Committee notes that, non-compliance rates for the food and drink sector increased from 58 per cent in 2017 to 67 per cent in 2018, compared to a 44 per cent average non-compliance rate for all sectors in 2018. It further notes that, for the period from 1 June 2019 to 31 August 2020, the non-compliance rate for the food and drink sector stood at 41 per cent, compared to a 31 per cent average non-compliance rate for all sectors. The Government indicates that the Health and Safety Authority (HSA) prepares and updates health and safety advice for the catering and hospitality sector, in consultation with the Irish Hotels Federation, the Vintners Federation of Ireland, the Panel of Chefs of Ireland and the Waterford IT School of Hotel Management. The Committee notes the information provided on the number of inspections and investigations carried out in the hotel and restaurant sectors by HSA Inspectors from 2013 to 20 May 2019. The Committee notes that the HSA Strategy 2016–18 targeted new and returning workers in the hotel and restaurant sector, given that these workers were at increased risk of occupational accidents. The Committee requests the Government to continue to transmit detailed updated information on the application of the Convention in practice, in particular statistical information, disaggregated by age, sex and sector (hotels, restaurants) regarding the number of visits conducted by the labour inspectorate and the outcomes of such visits. The Committee requests the Government to indicate measures taken or envisaged to reduce the high level of non-compliance in the sector.

COVID-19 pandemic. The Committee notes that the accommodation and food services subsectors have been among the “hardest-hit” sectors following the outbreak of the COVID-19 pandemic and the measures adopted by the Governments to contain it. In the context of the global COVID-19 pandemic, the Committee recalls the guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for the formulation and implementation of effective responses to the profound socioeconomic repercussions of the pandemic. The Committee invites the Government to provide up-to-date information in its next report on the impact of the COVID-19 pandemic on the application of the Convention.

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 (see in particular articles 12 and 15 of the Convention below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Irish Congress of Trade Unions (ICTU) received on 9 October 2019. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Definition of domestic work and domestic worker. In its 2017 direct request, the Committee requested the Government to indicate any measures taken to incorporate a definition of domestic work or domestic worker into Irish legislation. The Government indicates that Irish employment law does not treat domestic workers as a separate category and that its employment rights legislation applies to all workers who are working under a contract of employment, including legally employed domestic workers, who are defined under the Code of Practice for Protecting Persons Employed in Other People’s Homes (the Code of Practice). In its observations, the ICTU maintains that, as there has been no employment permit for the domestic work sector, some domestic workers, through no fault of their own, have found themselves classified as undocumented. It adds that clear and transparent mechanisms for undocumented domestic workers who are victims of exploitation and crime are needed as such workers are generally not willing to seek justice through state authorities such as the Gardaí or the Workplace Relations Commission (WRC), as they face risks of detection, detention and deportation. In this respect, the Committee notes the Government’s indication that, if workers – including migrant domestic workers – who are not legally entitled to work in Ireland can demonstrate that they took all reasonable steps to comply with the requirement to have a work permit, they can request the Minister for Business, Enterprise and Innovation to take a civil case for recompense under section 4 of the Employment Permits Amendment Act, 2014. The Committee notes that, when the WRC receives a complaint involving a person described as a domestic worker, it investigates to establish whether a person has statutory entitlements under employment law. The Committee further notes that the Government does not indicate whether a person who performs domestic work on an occupational basis, but does so only occasionally or sporadically is considered as a domestic worker. Recalling that, due to the particular characteristics of domestic work, specific attention should be given to providing a definition of domestic work in the national legislation, the Committee reiterates its request that the Government indicate any measures taken or envisaged to incorporate a definition of domestic work and domestic worker into the national legislation. It also reiterates its request that the Government indicate in what manner it ensures that persons who perform domestic work occasionally or sporadically, but do so on an occupational basis, are covered by the guarantees established in the Convention. The Committee also requests the Government to provide information on the manner in which it is ensured that migrant domestic workers, including those who may be undocumented, are informed of their rights to redress in the event of violations of their rights. In particular, the Government is requested to provide information on the number of cases brought by undocumented migrant domestic workers under section 4 of the Employment Permits Amendment Act of 2014 and the outcomes.

Article 3(2)(a). Freedom of association and collective bargaining. The Committee notes that the right of all workers to freedom of association are enshrined as fundamental rights in the Irish Constitution. The Government adds that it promotes collective bargaining through national law and the development of an institutional framework supportive of a voluntary system of industrial relations premised on freedom of contract and freedom of association. It indicates that it promotes the work of trade unions through providing grant aid to the ICTU. The Committee notes, however, that the Government does not provide information on any measures taken or envisaged in relation to domestic workers’ exercise of their freedom of association and collective bargaining rights, nor does it indicate the manner in which such rights are ensured in practice. Recalling that the particular characteristics of domestic work frequently make it particularly difficult for domestic workers to form and join unions, as well as to collectively bargain, the Committee reiterates its request that the Government indicate the manner in which domestic workers’ freedom of association and collective bargaining rights are ensured in practice. The Government is also requested to provide information on measures taken or envisaged to inform domestic workers and their employers of their rights and obligations under Article 3(2)(a) of the Convention.

Article 3(2)(d). Elimination of discrimination in respect of access to employment. In its previous comments, the Committee urged the Government to take steps to amend section 2 of the Employment Equality Acts 1998–2015 (EEA), which excludes “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”, thereby permitting employers of domestic workers to make recruitment decisions on discriminatory grounds. The Committee notes the Government’s explanation that, while the exception set out in section 2 of the EEA applies to the recruitment process, once a domestic worker is employed, the protections of the EEA attach. The Government also refers to the Code of Practice, which encourages employers to implement non-discriminatory practices. The Committee refers to its 2018 observation in the context of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted that overly broad exceptions excluding domestic workers from protections against discrimination in respect of access to employment could lead to discriminatory practices against these workers, contrary to the provisions of Convention No. 111. The Committee pointed out that the right to respect for private and family life should not be construed as protecting conduct that infringes the fundamental right to equality of opportunity and treatment in employment and occupation. The Committee therefore once again urges the Government to take the necessary measures to amend section 2 of the Employment Equality Act to ensure that domestic workers are protected against discrimination in employment and occupation, including in respect of access to employment.

Article 5. Abuse, harassment and violence. In response to the Committee’s 2017 direct request, the Government indicates that, in the main, acts of violence are treated as a criminal matter that should be reported to the Gardaí. In addition, the Safety, Health and Welfare at Work Act, 2005 requires employers to eliminate workplace hazards, and applies to violence at the workplace. The Government indicates that all employees, including domestic workers, are protected against harassment at work under the EEA, and that the Unfair Dismissals Acts 1977–2007, provide for workers’ right to bring a claim for constructive dismissal in the event of being forced to leave their job due to bullying in the workplace. The Government indicates that migrant domestic workers who are victims of forced or compulsory labour receive the protections afforded to victims of human trafficking under the National Referral Mechanism. The Committee notes that, according to the “Trafficking in Human Beings in Ireland” annual report 2017, there were nine victims of trafficking for domestic servitude, all of whom were female. In its observations, the ICTU expresses concern regarding the lack of data on migrants, documented and undocumented, employed in the domestic sector. The Committee requests the Government to provide detailed information on the nature and impact of measures adopted to ensure that domestic workers, both documented and undocumented, are effectively protected against all forms of abuse, harassment and violence. The Committee also requests the Government to provide statistical data on the number of complaints of harassment, abuse and violence received by the various state authorities in the context of domestic work, their outcome, the penalties imposed on those responsible and the compensation granted.

Article 7. Information on terms of employment. The Committee notes that the WRC has published a guide to the “Employment Rights of Domestic Workers in Ireland”, which is available on its website in eight languages. Moreover, in the context of labour inspections involving migrant domestic workers, the WRC has produced multilingual cards with confidential contact details to be used by workers when they were unable to freely communicate with inspectors during the inspection, or if they wish to receive further information. The Committee notes that the WRC considers this to be especially useful in domestic work inspections. The Government indicates that the Citizens Information website includes information on the entitlements of citizens, including on the employment rights of domestic workers. Specialist non-governmental organizations, such as the Migrant Rights Centre of Ireland, also provide information, advocacy and outreach services to migrant domestic workers. The Committee recalls that the Code of Practice requires employers to supply their employees with a written statement setting out their terms and conditions of employment and that the employer may only require the employee to carry out the duties specified therein. The Committee once again notes that there are no provisions in the Code of Practice governing food and accommodation, where these are provided, the probationary (or trial) period, or repatriation. The Committee notes that Ireland does not have a statutory probation period and that probation is a matter of contract between the employer and the employee. The Committee reiterates its request that the Government indicate the measures taken or envisaged to ensure that domestic workers are informed of their terms and conditions of employment – especially the particulars enumerated in this Article of the Convention, including the provision of food and accommodation, the period of probation and the conditions of repatriation, if applicable – in an appropriate, verifiable and easily understandable manner, particularly in respect of migrant domestic workers mediated from abroad to work in Ireland.

Article 8(1), (2) and (4). Migrant domestic workers. Requirements of a written job offer. Repatriation. The Government indicates that citizens of the European Economic Area (EEA) employed as domestic workers in Ireland enjoy the same protections afforded to Irish citizens under national employment law. It also indicates that non-EEA nationals wishing to work in Ireland are governed by the Employment Permits Acts 2003–2014. Under this legislation, non-EEA nationals require a valid employment permit, or relevant immigration permission from the Minister for Justice and Equality to enable them to reside and work in Ireland without having an employment permit. The Committee notes, however, that persons recruited abroad for domestic work in Ireland are not eligible for an employment permit under the Irish system. The Government explains that Ireland’s general policy is to promote the sourcing of labour and skills needs from within the workforce of the European Union and other EEA States. Where specific skills prove difficult to source within the EEA, an employment permit may be sought in respect of a non-EEA national who possesses such skills. Domestic work is listed as an ineligible occupation for a work permit under the Irish employment permit system. In its observations on this point, the ICTU points out that the experience of migrant workers in some sectors has not been positive, either for migrants or for conditions in the sectors, referring to the atypical scheme in the fishing sector. It adds that any such scheme in any sector needs to be accompanied by flanking measures – such as enforceable sectoral norms, to protect the labour market. Regarding measures taken in cooperation with other ILO Members to ensure the effective application of the Convention, the Government indicates that the WRC Inspectorate is part of the EUROPOL EMPACT Labour Exploitation group and participates in EU-wide joint action days. The Committee reiterates its request that the Government indicate the manner in which it is ensured that migrant domestic workers recruited in one country for domestic work in another receive a written job offer or contract of employment prior to crossing the border that is enforceable in the country in which the work is to be performed, as required under Article 8 of the Convention. The Government is also requested to provide information on measures taken or envisaged to enable migrant domestic workers to be eligible to receive permits providing that they have complied with all other requirements under Irish legislation. The Committee also requests the Government to indicate the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract.

Article 12(2). Payment in kind. The Committee notes that the Low Pay Commission, in its report of May 2017, concluded that the allowances for board and lodging as a reckonable component for calculating the national minimum wage should be retained. Thereafter, the Government increased the board and lodgings rates in line with the percentage increase in the national minimum wage rate on 1 January 2018. In this respect, the Government indicates that, since 1 January 2019, the national minimum wage was increased to €9.80 per hour, as set out in the National Minimum Wage Order 2018. Since 1 February 2020, it was further increased to €10.10 per hour, as provided in the National Minimum Wage Order 2020.The Government indicates that, regarding the food and accommodation allowance, WRC inspections found that only 25 per cent of domestic employees interviewed lived in the employer’s house or premises. The Committee recalls that paragraph 14, subparagraph (d) of the Domestic Workers Recommendation, 2011 (No. 201), provides that “when provision is made for the payment in kind of a limited proportion of remuneration, Members should consider … ensuring that, when a domestic worker is required to live in accommodation provided by the household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker”. The Committee once again requests the Government to adopt the necessary measures to ensure that, when a domestic worker resides in accommodation provided by the household, no deduction is made from the worker’s remuneration with respect to the accommodation, unless otherwise agreed to by the domestic worker.

Article 13. Effective measures to ensure the safety and health of domestic workers. The Government indicates that the Health and Safety Authority (HSA) has not received any complaints in relation to domestic workers, nor has it investigated any occupational accidents in the sector. It also indicates that, the HSA consults the social partners when it develops guidance on the legislative requirements of the Safety, Health and Welfare at Work Act, 2005. The Committee notes the Government’s indication that there are currently no known organizations representative of domestic workers or of employers of domestic workers in Ireland. The ITCU expresses the view that the HSA could engage other interested organizations, such as Migrant Rights Centre Ireland’s (MRCI) Domestic Workers Action Group in this context. The Government indicates that the MRCI has not contacted the HSA, but stresses that any affected group may make a submission in relation to any measure proposed. The Committee reiterates its request that the Government provide detailed updated information on the nature and impact of measures taken to ensure the occupational safety and health of domestic workers, due regard being taken of the specific characteristics of domestic work. It requests the Government to indicate the organizations of employers and workers consulted with respect to the development and implementation of any such measures.

Article 15. Private employment agencies. The Committee recalls that private employment agencies are subject to inspection by WRC inspectors. The Government indicates that domestic workers can pursue a complaint against both the private employment agency and the end user (the household employing the domestic worker). The Committee notes that, between 2016 and 2018, WRC inspectors carried out a compliance campaign targeting 97 identified agencies dealing with placements of au pairs, which resulted in 16 of the agencies obtaining Employment Agency licences and 78 ceasing operations. The Committee notes that, in 2018, WRC inspectors carried out five domestic work inspections, one of which was found non-compliant. As a result, €1,200 in wage arrears were recovered for the employee. In 2019, WRC inspectors carried out 4 domestic work inspections and recovered €7,877 in wage arrears for the workers concerned. In its observations, the ICTU expresses concerns regarding the situation of au pairs in Ireland who, while they are recognized by the Government as domestic workers, are nevertheless depicted by au pair agencies as not having the status of workers and as a cheap childcare solution. The ICTU calls for a public information campaign initiated by the Government to inform the public that au pairs are covered by employment legislation. The Committee requests the Government to provide its comments in this respect. The Committee requests the Government to provide practical information on the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers.

Article 16. Access to justice. In response to its previous comments, the Committee notes the Government’s indication that the WRC has been involved in implementing two instances of redress under the “civil provisions” of the Employment Permits (Amendments) Act, 2014. The Committee notes that redress through the WRC and Labour Court involving domestic workers has been gained in a number of cases, which helped raise public awareness of the rights of domestic workers. The Committee requests the Government to continue to provide information on the functioning and impact of the redress and enforcement mechanisms available to domestic workers, including measures for inspection, enforcement and penalties, having due regard to the special characteristics of domestic work. It reiterates its request that the Government provide information on decisions rendered by courts of law or other dispute resolution mechanisms involving questions of principle relating to the application of the Convention.

Article 17. Labour inspection and penalties. Access to household premises. The Committee recalls that WRC inspectors have been carrying out inspections of domestic workplaces since 2011. The Government indicates that, between 2011 and 2016, 210 domestic work inspections were carried out, of which 95 were carried out in private homes and that, in 2018, five domestic work inspections were carried out. The Committee recalls that, under the employment and health and safety legislation, dwellings may be entered with the occupiers’ consent or with a warrant issued by the district court. The Government indicates that, to date, HSA inspectors have not used either of these options to enter a private dwelling for the purposes of inspecting, or investigating any complaint or incident relating to domestic workers. It also indicates that the HSA has not received any complaints regarding occupational safety and health matters in relation to domestic workers. The Committee requests the Government to continue to provide detailed information on the manner in which inspections are conducted in private premises where domestic workers undertake their work, including statistical information on the number of inspections, the nature of violations detected, and the sanctions imposed.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations of the International Transport Workers’ Federation (ITF), received on 4 September 2018.

Articles 1(1), 2(1) and 25 of the Convention. 1. Vulnerability of migrant workers in the fishing sector to practices of forced labour and trafficking. The Committee notes that the ITF points in its observations to cases of migrant fishers who have been at risk of trafficking and abusive practices and conditions that amount to the exaction of forced labour since the introduction of the Atypical Migrant Workers Scheme for the Non-European Economic Area Crew (the AWS). The ITF alleges that the Scheme’s major feature is linking permit holders to a specific employer. After the permit is granted, the fisher’s permit is only valid if it is supported by a specific employer. While there is provision allowing change of employer, the process and the conditions for making such a change are very difficult in practice. According to the ITF, this situation creates a relationship in which the fisher is dependent on the employer; as well as an environment in which trafficking and forced labour can take place and prevents the fishers from terminating their employment relationship in the event of abuse. The Committee further notes that according to the ITF, migrant fishers have reported working manifestly excessive hours with little opportunity to rest, being paid below the minimum wage, and being threatened with dismissal and suffering physical abuse. In this regard, the ITF refers to the report published in 2017 by the Migrant Rights Centre Ireland (MRCI) according to which over 65 per cent of migrant fishers in Ireland worked more than 100 hours a week for which they were paid, on average, less than €3 per hour. The report also found that one in four migrant workers had experienced physical and/or verbal abuse.

The Committee notes the Government’s reply in its report that the main features of the AWS include a written contract of employment for a duration of 12 months which must be in place between the employer and employee and certified by a practising solicitor. Employers/shipowners must comply with the requirements under European Union (EU) and national law such as terms of employment, national minimum wage, hours of work etc. Moreover, a copy of this contract must be lodged with the Central Depository for Sea-Fishing Boats. At least 50 per cent of the members of the crew must be nationals of any of the member States of the EU, as this ensures that the non-EEA employees have a comparator with the workplace to help safeguard their rights. An employee employed under the AWS can move from one employer to another provided that the new employer is also registered under the AWS. The Government further states that the AWS has only been in operation for 2.5 years and in that time, a significant amount of work has been undertaken to put in place the necessary framework to provide a mechanism for these fishers to secure valid employment and a comprehensive monitoring and enforcement structure. Closing the scheme would leave these vulnerable workers with no process for resolving their employment and immigration issues nor with a means of ensuring that their employment rights are protected.

The Committee notes with interest the Government’s recent information that following recent mediation between a number of Government Departments and the ITF on the scheme for employment of non-EEA fishers in parts of the Irish sea-fishing fleet, a settlement agreement has now been reached and signed by all parties. The major points of the agreement include: (i) the obligation to provide the employment contract to the non-EEA fishers in their native language, as well as in English; (ii) the possibility for non-EEA fishers to transfer employment without the existing or previous employer’s consent; and (iii) the obligation of the Department of Justice and Equality to follow-up on cases of fishers who have left their employment, for any reason, before the end of their 12-month contract. A letter has to be issued to the fishers requesting for details within 28 days on their new employment contract.

Moreover, the Committee notes that the AWS was launched in 2016 to facilitate the employment of non-EEA workers. Under this regulatory framework, a non-EEA worker has to sign a short-term employment contract for a duration of 12 months with the normal entitlements to annual leave, maternity leave, and payslips. The Terms of Employment (Information) Acts 1994 (updated to October 2015) require that employees with a fixed-term contract get written notice of the expiry date of their contract. Under section 6 of the Minimum Notice and Terms of Employment Acts 1973 to 2001, both employers and employees are entitled to at least one-week notice of termination of the employment contract. The Acts do not affect the right of an employer or employee to terminate a contract of employment with due notice due to the misconduct of the other party (section 8).

Furthermore, the Committee notes that the AWS establishes a regulatory framework for the employment of migrant workers in the fishing sector in Ireland, including the possibility for the worker to terminate his/her employment relationship under the new scheme for employment of non-EEA fishers without the existing or previous employer’s consent.

While noting the positive steps taken regarding the issue under examination, the Committee requests the Government to provide further information on the application in practice of the AWS, including information on the number of migrant fishers who have changed employer and whose work permits have been transferred to a new employer.

2. Identification and assistance to victims. The Committee notes that the ITF alleges that 15 fishers who held permits to work in Ireland have been identified by the Garda National Protective Services Bureau as potential victims of trafficking in persons. A further six fishers who did not hold permits have also been officially identified as potential victims. In this regard, the Government indicates that the national police (An Garda Síochána) is investigating these allegations and other complaints made by the ITF. Once the investigations into the allegations made by the fishers have been concluded, a file will be referred to the Director of Public Prosecutions who in turn will assess whether there is a sufficient case to prosecute for the alleged breaches.

The ITF also asserts that there is a poor practice on the part of government agencies in identifying victims of forced labour and trafficking; a lack of assistance; as well as lack of information and access to legal advice available to victims and fear of reprisals due to the work permit being tied to an employer under the Scheme. Furthermore, the redress system available through the Workplace Relations Commission (WRC) is totally inadequate as it is designed to service people in regular employment situations who are resident in Ireland. It also can take several months for a case to be dealt with which encourages delinquent employers to “play the system”. To date, not one employer has engaged meaningfully with the WRC.

The Committee notes the Government’s indication that it has undertaken many awareness-raising campaigns in the fishing industry, including: (i) the distribution of a WRC leaflet on the Atypical Scheme and employment rights for workers on fishing vessels; (ii) the publication of the WRC’s Employment Law in Arabic, Mandarin, Hindi and Filipino, the primary language of non-EEA crews; as well as (iii) the establishment of a WRC contact helpline for fishing vessel owners and crews (telephone: 1890 80 80 90).

The Committee recalls that the particular nature of the work of migrant fisher workers, due in part to their isolated situation at sea, requires taking proactive measures to facilitate the identification of victims of trafficking working under forced labour conditions. While taking due note of the various awareness-raising measures taken by the Government, the Committee requests it to continue to provide information on the measures taken to ensure that, under the AWS, victims or potential victims of trafficking for the purpose of labour exploitation in the fishing industry are swiftly identified and referred to the appropriate protection services. The Committee also requests the Government to provide information on the number of persons benefiting from these services.

3. Law enforcement measures and adequate penalties. In its allegations, the ITF underlines the absence of any agency or department responsible for monitoring the implementation of the AWS. According to the ITF, while inspecting fishing vessels has uncovered multiple breaches of the Scheme, and the details of breaches were forwarded to the relevant authorities, no action was ever taken. The ITF alleges that multiple failures have emerged in terms of prosecuting perpetrators. Only three prosecutions were initiated in 2017 despite 117 investigations into suspected trafficking incidents. In relation to forced labour, three individuals were prosecuted in 2017. Among other things, the Government has failed to strengthen its law enforcement mechanisms, including measures to enforce anti-trafficking laws against those who target migrant fishers, as well as to ensure that sufficiently effective penalties are applied to individuals who subject these workers to conditions of forced labour.

In its reply, the Government states that, from April 2016 to July 2018, some 310 port inspections of whitefish vessels were undertaken by WRC inspectors. Some 169 of the 186 whitefish vessels that came within the scope of the scheme in that period were inspected. There are currently some 172 vessels which come within the scope of the AWS. Eleven WRC inspectors and a regional manager have undergone a three-day Safety at Sea Survival training delivered by the Irish Sea Fisheries Board so as to enable them to undertake fisheries inspections. To date, some 210 contraventions have been detected by the WRC across the 169 vessels inspected. The breakdown by contravention type is as follows: 29 per cent of contraventions relate to records; 20 per cent of contraventions relate to leave, bank holiday and Sunday entitlements; 15 per cent of contraventions relate to illegal workers; and 12 per cent of contraventions concern failures to issue payslips. The Committee requests the Government to continue to provide information on the results of the inspections conducted by the Workplace Relations Commission (WRC), indicating the number and nature of violations detected and the penalties imposed.

4. Trafficking in persons. The Committee notes that the Government has adopted a legal and institutional framework to combat trafficking in persons, including: (i) the adoption of the Criminal Law (Human Trafficking) (Amendment) Act 2013 that has broadened the scope of the definition of “exploitation” to include forcing a person to engage in criminal activities and aligned the definition of “forced labour” with Convention No. 29; (ii) a person guilty of an offence of forced labour or trafficking in persons shall be liable upon conviction to imprisonment for life or a lesser term; (iii) the establishment of the Department of Justice and Equality’s Anti-Human Trafficking Unit (AHTU) that has the lead on all policy issues on human trafficking in Ireland and works in close collaboration with other Irish government agencies, including the Garda National Protective Services Bureau (Police), the Health Services Executive, the Office of the Director of Public Prosecutions, the Legal Aid Board and the Irish Naturalisation and Immigration Service; and (iv) the adoption of the second national action plan against trafficking 2016–19. The Committee welcomes these measures and requests the Government to provide information on the steps taken to implement the 2016 national action plan against trafficking and the results achieved. Please also indicate whether the national action plan has been renewed and to report on it.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 9(3)(a) of the Convention. Waiting period for injury benefit. The Government indicates that, as part of the measures introduced over the course of the EU/ECB/IMF Programme of Support for Ireland to reduce social welfare expenditure, the waiting period for payment of injury benefit has been increased from three to six days. Recalling that, in case of incapacity for work, Article 9(3)(a) of the Convention allows a maximum three-day waiting period for the payment of the benefit, the Committee requests the Government to indicate whether it envisages decreasing the current waiting period to meet the requirements of the Convention once the economic situation of the country improves. The Committee also requests the Government to provide information on any other form of financial protection provided during the current waiting period to persons who are incapacitated for work and whose earnings are suspended as a result of an employment injury.

Article 5 of the Convention. Medical examinations after the period of employment. The Committee notes the Government’s indication in its report, in response to the Committee’s request on medical examinations after the period of employment that all citizens have access to various medical services, consultations and interventions, including supervision of their state of health in relation to past occupational hazards. The Government also refers to the National Cancer Control Programme, which provides for assistance in the prevention, early detection, diagnosis, treatment, monitoring and end-of-life care. The Committee requests the Government to provide more specific information on how it is ensured that workers are provided with such medical examinations or biological or other tests or investigations, as are necessary to evaluate their state of health in relation to occupational hazards after their employment. In this respect, it requests further information on the medical services referred to in the Government’s report related to the supervision of their state of health in relation to past occupational hazards.

Articles 1, 2, 4 and 5 of the Convention. Formulation and implementation of education and training policies. Cooperation with the social partners. The Government reports that significant progress has been made towards meeting the objectives set out in the National Skills Strategy adopted in 2007, “Tomorrow’s Skills – Towards a National Skills Strategy”, produced by an expert group on future skills needs, with the aim of attaining a well-educated and highly skilled population for the period up to 2020. The Committee notes that a new National Skills Strategy 2025 was launched in January 2016, with the objective of providing an education and training system that is flexible and innovative enough to respond to a rapidly changing economy and society and to provide the right mix of skills needed now and in the future. The goals of the new Strategy include increased engagement in lifelong learning. As part of the new national skills development architecture, the Government refers to the establishment of the National Skills Council, and the new mandate of the Expert Group on Future Skills Needs (EGFSN), whose role is to research and identify skills needs. The Government indicates that the EGFSN’s findings have been reflected in the Irish education and training system strategies adopted in recent years, as well as in the country’s enterprise policy framework. The National Skills Strategy 2025 is closely aligned with broader government policies, including: Enterprise 2025; the Action Plan for Jobs; Pathways to Work 2016–2020; the Action Plan for Education 2016–2019; and the Further Education and Training Strategy 2015–2019, which focuses on delivering quality vocational education and training that meets employers’ needs. In addition, the Further Education and Training (FET) sector has undergone reforms to include labour market-focused programmes as well as programmes to promote social inclusion. In this regard, the Committee notes the establishment of 16 Education and Training Boards (ETBs) in 2013, which are tasked with the delivery of primary, post-primary and further education. The Committee further notes a series of further education and training programmes provided by the Government, including: the Youthreach programme, which provides two years of integrated education, training and work experience for unemployed early school leavers with no qualifications or vocational training for persons in the 15–20 age bracket; the Skillnet Ireland programme which enables enterprise-led training; the ICT Skills Action Plan 2018–2026, which establishes a framework for meeting the future skills needs of Ireland’s growing technology sector. The Committee also notes the establishment of the Apprenticeship Council in 2014, which is responsible for the expansion of apprenticeships in Ireland, as well as the “Action Plan to Expand Apprenticeship and Traineeship in Ireland 2016–2020”, published in January 2017, under which SOLAS is currently reviewing pathways to participation in apprenticeships for under-represented groups. In its observations, the Congress of Irish Trade Unions (ICTU) indicates that the ETB Act 2013 abolished the previous system of ensuring balanced representation of the social partners through the Vocational Education Committees. The ICTU also observes that the Government plans to give business and industry a greater say in the strategic direction of education policy and spending in the context of a new five-year “human capital initiative” for higher and further education. The ICTU expresses the view that these measures are not in conformity with Article 5 of the Convention, which requires policies and programmes of vocational guidance and vocational training to be formulated and implemented in cooperation with employers’ and workers’ organizations. The Committee requests the Government to continue to provide updated detailed information on the vocational guidance and training policies and programmes adopted and implemented and on their contribution to achieving the objectives of the Convention, particularly the promotion of access to education, training and lifelong learning, including for under-represented groups. It requests the Government to provide information on the nature and extent of the apprenticeship programmes, particularly for under-represented groups. The Committee further requests the Government to provide information on measures taken to coordinate education, training and employment policies, as well as on the involvement of employers’ and workers’ organizations in the formulation and implementation of such policies and programmes, particularly through the ETBs.

Articles 1(5) and 3. Specific categories of persons. The Committee notes with interest the measures taken by the Government to promote equality and social inclusion in vocational education and training. The Government refers to the third National Access Plan for Equity of Access to Higher Education (2015–2019), which identifies target groups that are currently under-represented in higher education, including persons from socio-economic groups with low participation rates in higher education, students with disabilities, first-time mature student entrants, part-time/flexible learners and further education award holders. The Committee notes that the vision of the national access plan is to ensure that the student body participating in higher education at all levels reflects the diversity and social mix of Ireland’s population. The Government also reports on the adoption of the Employee Development Policy Framework – “Supporting Working Lives and Enterprise Growth in Ireland” – in 2018, which seeks to develop the skills of persons belonging to disadvantaged groups in the Irish workforce and supports small and medium-sized enterprises (SMEs) that need assistance to invest in and develop their workforce. In addition, the Government refers to the Comprehensive Employment Strategy for People with Disabilities 2015–2024. The Government also reports that the key theme of the Department of Justice and Equality’s National Strategy for Women and Girls 2017–2020 is to promote equality for women and girls across all areas of life, including in education and in the workplace. The Strategy aims to improve access to education, training and employment opportunities for Traveller and Roma women by including actions in the National Traveller and Roma Inclusion Strategy 2017–2020 in support of initiatives in relation to education and employment, including community-based support for the retention of Traveller and Roma children in the education system. The Committee requests the Government to continue to provide detailed up-to-date information on the vocational guidance and training measures targeting specific categories of persons with the aim of increasing their participation in education and employment. The Committee further requests the Government to provide detailed up-to-date information, including statistics disaggregated by sex and age, on the results of such measures, including the number of beneficiaries and the impact of the measures in promoting access to opportunities for lasting employment.

Comments adopted by the CEACR: Ireland

Adopted by the CEACR in 2021

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C172 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C121 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C139 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)