Dáil Éireann debate -
Tuesday, 23 Mar 1993

Vol. 428 No. 1

Written Answers. - EC Directives.

Eamon Gilmore

Question:

162 Mr. Gilmore asked the Minister for Social Welfare if, in relation to the areas for which his Department has responsibility, he will give details of the number of EC Directives, by number and title, which have been implemented in Ireland by way of Statutory Instruments since Ireland became a member state; if, in relation to each Directive implemented, he will give details of the variation/amendment/differences there are in each Statutory Instrument compared to the original Directive; and the number of Directives, by number and title, which have not been implemented by way of Statutory Instruments.

Minister for Social Welfare (Dr. Woods)

There are three EC Directives which are relevant to my Department; Directive 79/7/EEC of 19 December 1978, Directive 86/613/EEC of 11 December 1986 and Directive 92/85/EEC of 19 October 1992.

Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security provides that member states shall bring into force the necessary legislative and administrative provisions in order to comply with the provisions of the Directive. The necessary provisions were implemented by way of the Social Welfare (No. 2) Act, 1985 which came into force in two phases with effect from May and November 1986. Arising from the delay in implementing the provisions, equality of treatment for the period of delay was subsequently provided for by way of the European Communities (Social Welfare) Regulations, 1992 (S.I. No. 152 of 1992).

Directive 86/613/EEC on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood contains a provision concerning access to social insurance for the spouses of self-employed workers which may require amendment of the Social Welfare Acts.

The question of social insurance coverage for spouses of employees and the self-employed is being looked at by the Pensions Board in the context of its report on a new pensions system and I expect that this issue will be addressed in that report. The question of legislation in this area will be considered in the light of this report.

Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breast feeding requires member states to implement its provisions not later than two years after the date of its adoption. The measures necessary to give effect to the Directive are being worked on at present.