Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - European Social Charter.

Dick Spring

Question:

185 Mr. Spring asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will provide a list of the provisions in Irish law which contravene the European Social Charter of the Council of Europe; the proposals, if any, there are for reform; and if she will make a statement on the matter. [1786/98]

Minister for Enterprise, Trade and Employment (Miss Harney):

The Council of Europe Social Charter which was adopted in 1961 was ratified by Ireland in 1964. Ireland reports, on a biannual basis, on its compliance with the provisions of the charter which it has accepted. This report is examined in the first instance by the committee of independent experts which examine it from a strictly legal point of view. The conclusions of that committee are then forwarded to the governmental committee which, in turn, in submitting proposals to the Committee of Ministers for a recommendation or any other action, take into account social, economic and other policy considerations.

Some provisions in our legislation which are outdated and not in use but are still on the Statute Book, for example, certain provisions of the 1894 Merchant Shipping Act, have been the subject of recommendations by the Committee of Ministers. Repeal or amendment of these provisions is proposed by my colleague, Deputy Woods, Minister for the Marine and Natural Resources, as part of the Merchant Shipping (Miscellaneous Provisions) Bill, 1997, which has been circulated. The Committee of Ministers has also indicated difficulties in our compliance with certain other provisions of the charter such as Article 4, the right to fair remuneration, and Articles 5 and 6, the right to organise and the right to bargain collectively. Ireland maintains that our laws in these areas are justified and, in strict terms, are not in contravention of the charter. The concerns of the Committee of Ministers on these and all other provisions have been replied to in Ireland's latest report on the implementation of the charter.

Following a decision taken by a Ministerial Conference held in Turin in October, 1991, to update and adapt the charter in order to take account of the social changes which occurred since the text was adopted in 1961, a Revised Social Charter was drawn up and opened for signature in May 1996. Ireland is currently examining the text of the revised charter with a view to its acceptance.