Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

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

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

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

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