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A Government representative indicated that in order to streamline services to people with disabilities the Government had transferred policy responsibility from the Department of Health and Children to the Department of Enterprise, Trade and Employment (DETE) in June 2000. The broad policy objectives were reflected in the DETE's strategy for 2005-08 and in the FAS (State Training Agency) strategy. Programmes and support measures were developed through a three-dimensional approach involving facilitation of disabled people's progress into sustainable employment through skills development; raising awareness among employers and workers of disabled people's contribution to business and the workplace; and providing specific employment supports for disabled people and employers. FAS operated a range of services to address recruitment and workplace barriers which included: an interview interpreter grant to assist those with hearing or speech impairment at job interviews; a personal reader grant to blind or visually impaired people in employment to help with job-related reading; a workplace equipment/adaptation grant to employers to assist in the integration of disabled people into employment, including deaf people; an employee retention grant scheme to retain workers who became disabled and retrain them for their work or alternative duties; a wage subsidy scheme for employers employing disabled people assessed as 50-80 per cent of normal productivity levels; supported employment where job coaches sourced jobs and provided support at work in the open labour market; a pilot programme scheme which granted employers with 50 per cent of the workforce made up of disabled people grant assistance; and disability awareness training programmes, designed to ensure service provision to clients/customers with disabilities and help optimize relationships between staff and staff with disabilities. FAS also provided training allowances and grants, details of which could be found on its web site.
The social partners were involved in a key initiative between the Irish Business and Employers' Confederation (IBEC) and the Irish Congress of Trade Unions (ICTU) known as Workway, set up under the National Social Partnership Programme and entitled Programme for Prosperity and Fairness. The aims were to raise awareness and promote employment of people with disabilities in the private sector. Funding was provided by the Government and co-funding by the European Commission. Workway was the first project in Europe to adopt a partnership approach to high unemployment among people with disabilities. In addition, the FAS National Advisory Committee for Disability was made up of representatives of the Irish social partners and advised on policy initiatives. The National Disability Authority (NDA) was established in 1999, and, under the Disability Act 2005, played a key role in helping government departments meet obligations to people with disabilities. It helped in coordination and development of a disability policy, undertook research and developed statistics for the planning, delivery and monitoring of programmes, advised the Ministry on standards and codes of practice and monitored these, and took the lead in promoting equality for people with disabilities. The social partners were members of the NDA, which was instrumental in organizing the Paralympic Games, which took place in Ireland in 2003.
The Worker members welcomed the additional information supplied by the Government representative. They recalled that concrete experiences in each country demonstrated just how difficult it was to successfully generate greater employment opportunities for persons with disabilities. They were pleased, therefore, to witness the concerted effort, on the part of the Government and the social partners, to integrate persons with disabilities into active life. They also welcomed the Government's initiative to promote, in partnership with the ILO, the application of Convention No. 159 in several Asian and African countries.
The Employer members indicated that in the Spanish text the terms "personas inválidas" should be replaced by "personas discapacitadas" or "personas minusvalidas", which were both more appropriate. They recalled that Convention No. 159 had been adopted in 1983 and that in 23 years it had obtained 78 ratifications, Ireland having ratified it in 1986. As to its content, the General Survey of 1998 had stressed that the instrument implied "for the state party, the commitment to formulate, put into practice and periodically review a national policy on occupational rehabilitation and the employment of handicapped persons, in conformity with conditions and national practice and as a function of its possibilities", considering as "occupational rehabilitation" the possibility for handicapped persons to find a job, to stay in it and progress professionally in a way that improved the inclusion of these persons in society. This was a promotional Convention, which tended towards the adoption of provisions defining objectives to be achieved while leaving a certain freedom to ratifying States as to the choice of methods, which they intended to use and the timetable they established for the measures to be implemented. In the framework of discussions on the General Survey of 1998, the Employer members had stressed the noble aspect of the ILO's commitment in aiming to improve the situation of persons with disabilities. It was a sign of true humanity to take interest in the status of the less favoured and to seek to integrate them in the best way possible into active life and society. But good intentions were not enough; the necessary means had to be employed in the most efficient way possible. This was what the Government of Ireland had done both nationally and internationally.
At the national level, through the provision of services to handicapped persons through the Workway project, which was a joint initiative of the ICTU and IBEC. The aim of this programme was to raise public awareness and directly address the obstacles to employment for handicapped persons in the private sector. The Workway web site (www.workway.ie) featured a guidebook that was particularly useful. Private sector employers, as well as persons with disabilities, trade unions, employment agencies and administrative services were working together in four areas, according to the aims set out above, to identify employment opportunities and provide better information on assistance that handicapped persons and employers could call on.
At the international level, in the framework of the programme implemented by Development Corporation Ireland, the Government was providing support to a number of Asian and African countries with a view to improving the application of legislation on the employment of persons with disabilities. The main features of this programme were laid out in the report of the Committee of Experts. The programme featured a second phase which foresaw courses for certain groups, as well as a campaign in the media aiming at promoting a more positive perception of people with disabilities at work.
The Employer member of Ireland underlined that the Workway project referred to by the Government was a new and innovative model because it brought all interests together in order to identify the issues at stake and develop joint and robust solutions to the ongoing barriers facing people with disabilities in the labour force. Raising awareness amongst employers, co-workers and persons with disabilities, and developing pragmatic tools reflecting workplace realities, the project had produced a range of resources to meet the needs of these individual target groups. It had been discovered that the barriers that faced persons with disabilities, employers and union representatives were much the same in all parts of the country. These barriers included, for instance, a lack of knowledge about disability or where to access information, a lack of education focusing on the provision of qualifications, or a lack of personal assistants available to people with disabilities. Workway operated through tripartite local networks, which had been established in the four regions of the country, overseen by a National Steering Committee. These networks carried out practical action to address existing barriers. There was widespread recognition that the key in overcoming many barriers facing persons with disabilities lay in contact between employers, co-workers, unions and people with disabilities. A campaign had been launched to publish strong and positive visual images communicating the importance of work for people with disabilities. The speaker also referred to a number of measures taken to address ongoing information deficits. A wide range of resource materials and tools was available online on the project's web site. The exchange of best practice was a main feature of Workway. In fact, the collection of success stories formed the basis for the Workway Guidelines on Disability and Employment, which were a practical source of information and guidance. Further, a Guide for Job Seekers with Disabilities was produced to address the limited engagement of people with disabilities in existing pre-employment procedures and structure. The speaker concluded by stating that the main legacy of the project was the Workway Policy Document, which would inform the future direction of policy development on disability and employment in Ireland.
The Worker member of Ireland focused on tripartism in advancing a rights-based approach in supporting people with disabilities to secure and maintain employment in Ireland and internationally. Ireland had experienced a transformation in the way that disability rights were understood. There was a shift away from a medical or welfare model of disability, in which the focus was on the individual's disability as a personal issue, to a rights-based model, in which barriers in society were seen as a major source of disadvantage. Employing this rights-based model through legislation and practice, Ireland had begun to initiate changes that could provide people with disabilities with real opportunities to take their place in society, at school, in training, at work, in politics, in arts and culture, and in social activities. The Irish trade union movement had effectively used the tripartite process to advance this rights-based approach in a very practical, concrete way through the Workway initiative. In addition to its success on the ground, Workway had identified aspects of government policy and service-delivery across the various stages of the pathway to employment, and in employment, which did not adequately encourage the participation of people with disabilities in the workplace. The Workway Steering Committee had prepared a policy paper, identifying the following basic needs that had to be recognized by policymakers and shareholders in order to guarantee the initiative's future progress: (1) significant capacity-building among people with disabilities so that they could contribute themselves to employment policy development; (2) a comprehensive advocacy service for disabled people; (3) enhanced training provisions; (4) national employment guidelines; (5) better cross-departmental and agency links; (6) a resolution to the "benefits trap" for disabled people; and (7) a support mechanism and resources for people who were unemployed and disabled. The speaker pointed out that even though the achievements of the Workway initiative were commendable, employers, trade unions and the Government in Ireland still had work to do. The ICTU had made the issue of the "benefits trap" a priority issue in the current tripartite negotiations on pay and conditions.
Further, the speaker expressed satisfaction that the Government of Ireland had provided funding for the ILO project "Promoting the employability and employment of people with disabilities through effective legislation", which sought to strengthen the capacity of national governments in selected countries of East and Southern Africa, Asia, and the Pacific to improve legislation and policy concerning the vocational training and employment of people with disabilities. This project had already achieved excellent results and had been extended for a second phase (2005-07). The Irish Congress of Trade Unions looked forward to strengthening the partnerships and tripartite process in this next phase. The work of the ILO with Irish funding was highly relevant to the draft United Nations Convention on the human rights of persons with disabilities, which was expected to be adopted in 2006.
The Government member of France considered the initiative by Ireland to be exemplary for several reasons: it promoted employment of disabled persons by fully involving employers and workers; it was a prime example of tripartite cooperation based on local networks (in a field that was a priority in France as well); and the dissemination of good practice through technical cooperation constituted an example of a community of ideas and resources, which should be brought to the attention of the Commission on technical cooperation. The Committee of Experts and the Conference Committee were to be congratulated as this case of progress provided good practices to the entire international community.
The Government representative expressed her gratitude for the positive comments made in the discussion. Genuine progress had been made, but a number of challenges remained. Further progress was only possible if the Government, workers, and employers worked together in addressing those challenges.
The Employer members took note of the discussion and requested that the present case should be considered as a case of progress in the appropriate part of the Committee's report.
The Worker members expressed once again their satisfaction with the measures taken by the social partners and the Government to integrate persons with disabilities into active life. They hoped that these measures would continue, and that the Government would in the future make known, for the benefit of the international community as a whole, the results achieved by this initiative.
The Committee welcomed the discussion and extensive exchange of information that took place on the application by Ireland of Convention No. 159. Like the Committee of Experts, the Committee praised the Government's approach, involving the social partners and the representatives of persons with disabilities, to promote decent employment conditions to persons with disabilities in conformity with the Convention. It noted with interest the detailed and comprehensive information provided to the Committee on the schemes, services and programmes implemented by the State Training Agency (FAS). It observed that the Government of Ireland and the ILO had established a joint programme to support selected governments of Africa and Asia to enhance their capacity to implement effective legislation concerning employment of persons with disabilities. The Committee noted the importance of this Convention that required that employment policies include adequate measures to integrate people with disabilities in the open labour market and expressed its hope that the Office would promote its ratification. The Committee considered this case to be an important example of progress to be mentioned in the appropriate section of its General Report.
Repetition Articles 2 and 3 of the Convention. Promotion of employment for persons with disabilities. The Committee notes the Department of Education and Skill’s Statement of Strategy 2011–14, in which the Government refers to education provisions for children with special education needs as a long-term objective. With respect to employment promotion, the Government refers to a series of programmes to assist persons with disabilities to obtain employment, including the disability activation project, Employ Ability, Get AHEAD and a number of different grants for job interview interpreters, personal readers and workplace and equipment adaptation grants. The Government also refers to the wage subsidy scheme aimed at incentivizing employers to hire persons with disabilities. Furthermore, the Irish National Training and Employment Authority (FAS) will offer specialist training providers to deliver additional support, including additional training duration, enhancing training content and developing individualized approaches. The Government also indicates that the Local Training Initiative launches community projects that benefit the local community while training the participants. The Committee notes the creation of two groups to assist the Minister for Disability, Equality, Mental Health and Older People with implementing and monitoring the progress of the National Disability Strategy. The Government indicates that the National Council for Special Education (NCSE) will process resource applications for children with disabilities who have special needs. Special Needs Organizers then facilitate access to and coordinate education services with children with special needs, which include learning support teacher posts, special equipment, school transport, home tuition and psychological assessments. The Disability Access Route to Education (DARE) will continue education assistance during the college admission process, getting colleges and universities to offer places to persons with disabilities. The Committee invites the Government to continue providing information on the measures adopted to promote employment opportunities for persons with disabilities, in particular for women workers with disabilities. It further invites the Government to provide information on the manner in which representatives of employers’ and workers’ organizations are consulted in the formulation of such measures. Please also include practical information on the achievements in promoting employment for persons with disabilities, including statistical information, disaggregated by age and sex, on the manner in which the Convention is applied, such as extracts from reports, studies and inquiries.Article 4. Equal opportunity and treatment. The Committee invites the Government to provide in its next report detailed information on the efforts to achieve effective equality of treatment between men and women workers with disabilities and other workers.Article 8. Persons with disabilities without financial resources. The Committee notes the partial capacity benefit offered by the Government, which began in 2012. Persons with disabilities will have their capacity to work assessed and will receive income support payments based on the results, reflecting the reality that some persons with disabilities have a capacity to work while continuing to need some income support from the State. The Committee invites the Government to continue providing information on the services provided for persons with disabilities without financial resources, including services to persons with disabilities in rural areas or remote communities.
Repetition The Committee notes with interest the report provided by the Government for the period ending in May 2005. Among other initiatives for mainstreaming services to people with disabilities, the Government mentions the Workway (www.workway.ie), a joint initiative of the Irish Congress of Trade Unions and the Irish Business and Employers Confederation. Its objectives are to raise awareness of, and address the issue of, barriers to employment for people with disabilities in the private sector. It involves the establishment of a number of regional networks around the country to raise awareness, explore skills availability among people with disabilities, identify local employment opportunities and provide information on supports which are available to people with disabilities and to employers.In its 2000 general observation, the Committee encouraged member States to explore ways to share ideas and resources. In this respect, the Committee notes with satisfaction that as part of the ILO–Development Corporation Ireland (DCI) Partnership Programme 2001–04, the Government of Ireland has provided support to selected governments of Asia and Africa to enhance their capacity to implement effective legislation concerning the employment of people with disabilities. A knowledge base on existing laws and policies in the selected countries has been developed, technical consultations have been held with governments, employers, workers and disabled persons’ representatives and parliamentarians on the steps required to improve the practical effectiveness of the laws and policies; technical support in the form of legal advice or support to consultative workshops has been provided to governments in developing or revising disability-related legislation and/or policies; guidelines have been developed on employment-related legislation for persons with disabilities; and a compendium of methodologies used in collecting statistical data on persons with disabilities in the labour force has been compiled. In most cases, the process initiated is still under way and support will be continued in Phase 2 of the Partnership Programme 2005–07. In this phase, technical support will be provided as before, a training course for key stakeholders will be conducted in collaboration with an appropriate national training institution, and support will be provided to a media campaign to promote positive images of persons with disabilities at work. The Committee notes with satisfaction the information provided and highly commends the Government’s approach that promotes the Convention at national and international levels, and asks the Government to continue providing information on measures adopted to promote employment in favour of persons with disabilities in the context of its national policy and international cooperation.
The Committee notes that the Government’s report has not been received. It must therefore repeat its 2005 direct request which read as follows:
1. The Committee notes with interest the report provided by the Government for the period ending in May 2005. Among other initiatives for mainstreaming services to people with disabilities, the Government mentions the Workway (www.workway.ie), a joint initiative of the Irish Congress of Trade Unions and the Irish Business and Employers Confederation. Its objectives are to raise awareness of, and address the issue of, barriers to employment for people with disabilities in the private sector. It involves the establishment of a number of regional networks around the country to raise awareness, explore skills availability among people with disabilities, identify local employment opportunities and provide information on support which are available to people with disabilities and to employers.
2. In its 2000 general observation, the Committee encouraged member States to explore ways to share ideas and resources. In this respect, the Committee notes with satisfaction that as part of the ILO–Development Corporation Ireland (DCI) Partnership Programme 2001–04, the Government of Ireland has provided support to selected governments of Asia and Africa to enhance their capacity to implement effective legislation concerning the employment of people with disabilities. A knowledge base on existing laws and policies in the selected countries has been developed, technical consultations have been held with governments, employers, workers and disabled persons’ representatives and parliamentarians on the steps required to improve the practical effectiveness of the laws and policies; technical support in the form of legal advice or support to consultative workshops has been provided to governments in developing or revising disability-related legislation and/or policies; guidelines have been developed on employment-related legislation for persons with disabilities; and a compendium of methodologies used in collecting statistical data on persons with disabilities in the labour force has been compiled. In most cases, the process initiated is still under way and support will be continued in Phase 2 of the Partnership Programme 2005–07. In this phase, technical support will be provided as before, a training course for key stakeholders will be conducted in collaboration with an appropriate national training institution, and support will be provided to a media campaign to promote positive images of persons with disabilities at work. The Committee notes with satisfaction the information provided and highly commends the Government’s approach that promotes the Convention at national and international levels, and asks the Government to continue providing information on measures adopted to promote employment in favour of persons with disabilities in the context of its national policy and international cooperation.
2. In its 2000 general observation, the Committee encouraged member States to explore ways to share ideas and resources. In this respect, the Committee notes with satisfaction that as part of the ILO/Development Corporation Ireland (DCI) Partnership Programme 2001-04, the Government of Ireland has provided support to selected governments of Asia and Africa to enhance their capacity to implement effective legislation concerning the employment of people with disabilities. A knowledge base on existing laws and policies in the selected countries has been developed, technical consultations have been held with governments, employers, workers and disabled persons’ representatives and parliamentarians on the steps required to improve the practical effectiveness of the laws and policies; technical support in the form of legal advice or support to consultative workshops has been provided to governments in developing or revising disability-related legislation and/or policies; guidelines have been developed on employment-related legislation for persons with disabilities; and a compendium of methodologies used in collecting statistical data on persons with disabilities in the labour force has been compiled. In most cases, the process initiated is still under way and support will be continued in Phase 2 of the Partnership Programme 2005-07. In this phase, technical support will be provided as before, a training course for key stakeholders will be conducted in collaboration with an appropriate national training institution, and support will be provided to a media campaign to promote positive images of persons with disabilities at work. The Committee notes with satisfaction the information provided and highly commends the Government’s approach that promotes the Convention at national and international levels, and asks the Government to continue providing information on measures adopted to promote employment in favour of persons with disabilities in the context of its national policy and international cooperation.
Article 1, paragraph 4, and Article 3 of the Convention. In previous comments, the Committee had noted the Government’s statement that persons with disabilities may be denied rehabilitative and other services if they abuse drugs, and had asked for further information on the services available to these people. In reply, the Government draws the Committee’s attention to the provisions of the Equal Employment Act, 1998, concerning the rights of the disabled. The Committee notes these provisions, and requests the Government to confirm in the next report that in practice persons with drug problems are also able to receive services.
The Committee takes note of the information supplied by the Government in its report. It would be grateful if the Government would forward a copy of the Guidelines on the Employment of Disabled People (A Code of Good Practice) to which a reference is made in its report, and supply, in its next report, additional information on the following points:
Article 1, paragraph 4, and Article 3 of the Convention. The Committee notes the Government's statement to the effect that the provisions of the Convention are applied to all categories of disabled persons. It also notes from the Government's report that there is a possibility of the exception of drug abusers. The Committee recalls in this connection that the Convention allows no exception to the rules according to which its provisions shall apply to all categories of disabled persons (Article 1, paragraph 4) and appropriate vocational rehabilitation measures shall be made available to all categories of disabled persons (Article 3). It therefore asks the Government to provide more detailed information as to the scope of possible exceptions mentioned above, indicating, in particular, whether such exceptions may take place in regard of drug abusers who fall under the definition of the term "disabled person" provided for in Article 1, paragraph 1.
Article 9. Please also indicate the measures taken to ensure the availability of suitably qualified vocational rehabilitation staff, as required by the report form under this Article.