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

1. Article 1 of the Convention. Scope of application. Self-employment. The Committee notes with interest that the Equality Act of 2004 extended the scope of the Employment Equality Act to include self-employment (sections 2(a) and 7) in conformity with the Convention.

2. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments concerning article 41.2 of the Constitution in which it expressed concern that this provision might encourage stereotypical treatment of women in the context of employment, contrary to the Convention. It notes from the Government’s report that the All-Party-Oireachtas Committee on the Constitution recommended in 1997 a revised article 41.2 in gender-neutral form and that it intended to revisit this matter and to report on it to the Government in autumn 2005. The Committee requests the Government to continue to consider reviewing article 41.2 of the Constitution in order to eliminate any tension between this provision and the principle of equality of opportunity and treatment in employment and occupation and to provide information on the progress made in this regard in its next report.

3. Article 1(1)(a). Prohibited grounds of discrimination. Political opinion and social origin. In its previous comments, the Committee recommended that the Government consider extending the scope of the Equal Employment Act to cover discrimination based on political opinion and social origin. In this regard the Committee notes the report entitled “Extending the scope of employment equality legislation: Comparative perspectives on the prohibited grounds of discrimination” commissioned by the Department of Justice, Equality and Law Reform, which was published in September 2004 and which, inter alia, examines the grounds of political opinion and social origin. The Committee recalls that under Convention No. 111, Ireland has undertaken to adopt and pursue a national equality policy covering all the grounds listed in Article 1(1)(a) of the Convention, including political opinion and social origin. The Committee has consistently held that where legal provisions are adopted with a view to applying the Convention, all grounds covered by the Convention should be included. It therefore requests the Government to provide in its next report information on the measures taken and progress made in this regard.

4. Article 1(1)(b). Additional grounds. In its previous comments, the Committee noted that the Equal Employment Act covers a number of grounds beyond those expressly listed in Article 1(1)(a) of the Convention. In this regard, the Committee invites the Government once again to indicate whether it considers that these grounds are covered by the Convention in respect of Ireland, pursuant to Article 1(1)(b).

5. Article 1(2). Inherent requirements. The Committee recalls its previous comments on section 37(5) of the 1998 Act which exempted from the protection of discrimination, on all but the ground of gender, employment in a private household. The Committee notes that this provision was repealed by the Equality Act of 2004, as was former section 26(2) which contained a similar exception on the ground of gender. However, the Committee also notes that section 2, as amended, reintroduces a similar exception in relation to all prohibited grounds covered by the Equal Employment Act. Section 2 now provides that “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” are not considered employees under the Act as far as access to employment is concerned. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied in accordance with the Convention. It requests the Government to provide information in its future reports on any relevant case law. The Committee also reiterates its request to the Government to provide statistical information on private household employment in Ireland, including information on the gender and ethnic composition of the workforce engaged in domestic work.

6. Articles 1(3) and 3(e). Access to vocational training. In its previous comments, the Committee expressed concern that section 12(7) may have a discriminatory effect on the basis of race with respect to access to vocational training and sponsorships, scholarships, bursaries and other awards. The Committee reiterates its request to the Government to indicate whether it is considering repealing or modifying the provision and to provide specific information regarding any efforts made to monitor the provision of vocational training and awards, to ensure that neither direct nor indirect race-based discrimination occurs.

7. Article 2. Measures to promote employment equality. The Committee notes the information provided by the Government on the activities of the various responsible bodies and authorities to promote equality of opportunity and treatment in employment and occupation. The Committee notes in particular the work accomplished by the Equality Authority, as set out in its 2005 Annual Report, and its continuing cooperation with workers’ and employers’ organizations within the framework of the social partnership agreements. The Committee requests the Government to continue to provide information on the measures envisaged or taken to promote effective equality of opportunity and treatment in employment and occupation, including the following:

(a)   information on progress in the implementation of equality reviews and their impact on equality and diversity at the workplace;

(b)   statistical information on the status in employment and occupation of men and women, as well as other persons and groups protected under the Convention;

(c)   noting that the Equality Act of 2004 revises the relevant provisions of the Equal Employment Act to permit positive measures in relation to any of the grounds covered by the Equal Employment Act, the Committee requests the Government to provide further information on the concrete action and programmes carried out or envisaged to remove existing employment inequalities; and

(d)   information on the implementation of the employment-related measures provided for under the National Action Plan against Racism (2005-08) and the follow-up made to the recommendations contained in the Report of the High-Level Group on Traveller Issues (March 2006).

8. Article 3(d). Employment under the direct control of the national authorities. Noting that the Government’s reply to point 11 of the Committee’s previous direct request relates to promotion of employment of socially excluded groups, the Committee reiterates its requests to the Government to provide information on any measures taken to promote effective equality in employment under the direct control of the national authorities, particularly the civil service. In this regard, please indicate whether specific equality or affirmative action programmes or polices are being implemented in the civil service or other public employment.

9. Article 4. Under this provision, the ratifying member States may take measures affecting the employment of individuals suspected of, or engaged in, activities prejudicial to state security, without coming into conflict with the principle of equality of opportunity and treatment. For instance, individuals may be banned from exercising certain occupations due to convictions for acts undermining state security (see the 1996 Special Survey on the Convention, paragraphs 123-129). In order to enable the Committee to examine the application of the Article in Ireland, the Committee requests the Government to indicate whether any legislative, administrative or other measures have been put in place that affect the employment or occupation of persons suspected of, or engaged in, activities prejudicial to state security, and to indicate whether persons affected by such measures have a right to appeal. The Committee is requesting this information in order to ensure that any such measures do not amount to discrimination contrary to the Convention (e.g. on the ground of political opinion or religion).