Dáil Éireann debate -
Wednesday, 22 Nov 2000

Vol. 526 No. 4

Written Answers. - EU Social Charter.

Seán Ryan

Question:

113 Mr. S. Ryan asked the Tánaiste and Minister for Enterprise, Trade and Employment the main features of the updated Council of Europe Social Charter recently signed by Ireland; if any new legislative or other measures are required arising from the ratification of the charter; and if she will make a statement on the matter. [26579/00]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, signed and ratified the revised European social charter of 1996 and signed without reservation as to ratification, acceptance or approval, the additional protocol providing for a system of collective complaints, 1995, on behalf of Ireland, on Saturday, 4 November 2000 at the Council of Europe's Ministerial Conference held in Rome to mark the 50th anniversary of the European Convention on Human Rights.

Ireland is a party to the European social charter, which was adopted by the Council of Europe in Turin in 1961 and which entered into force in 1965. Ireland was one of the original signatories of the charter, which is the counterpart of the European Convention on Human Rights in the field of social and economic rights. The charter sets out general principles to guide states' policies in the area of social legislation and, more specifically, it guarantees the enjoyment without discrimination of a wide range of fundamental social rights.

These rights include the right to work in just conditions; the right to fair remuneration; the right to organise; to bargain and strike; the right to equal pay for men and women workers; the right to social security and medical aid; the right to vocational training and the right to the protection of the family. These rights can be accepted selectively by the contracting parties, the member states of the Council of Europe which have signed and ratified the charter, subject to a minimum number of acceptances.

In order to adapt the charter to developments in the field of social rights since 1961, a revised European social charter was adopted and opened for signature at Strasbourg on 3 May 1996 and came into force on 1 July 1999. The main innovations in the revised charter include: – strengthening equality between men and women; the right of disabled persons to individual social integration, personal independence and participation in the life of the community; strengthening the right of children and young persons to social, legal and economic protection; the right to protection in cases of dismissal; the right to dignity at work; the right of workers with family responsibilities to equal opportunities and equal treatment; the right to protection against poverty and social exclusion; the right to adequate housing and a widening of the ban on discrimination.

As I have indicated, these rights can be accepted selectively subject to a minimum number of acceptances. While Ireland is in a position to implement almost all of the provisions of the revised social charter, acceptance of the following provisions is deferred until such time as our national legislation is in conformity with these provisions. This will require amending existing legislation in the following areas:–

Article 8, paragraph 3 – regarding certain rights of employed women to protection of maternity – specifically, where such mothers are nursing their infants;

Article 21, paragraphs (a) and (b) – regarding the right of workers to information and consultation;

Article 27, paragraph 1 (c) – regarding the right of workers with family responsibilities to equal opportunities and equal treatment – specifically, in regard to daycare services and other child care arrangements.

The above provisions will be kept under review.

In relation to Article 31 – regarding the right to housing, the position is that Ireland cannot accept the provisions of Article 31 at this time. However, I understand that the Department of the Environment and Local Government intends to follow future interpretations to be given to the provisions of Article 31 by the Council of Europe itself with a view to their possible acceptance by Ireland at a later date. A statement to that effect was made by Ireland to the Council of Europe upon signature and ratification of the revised charter earlier this month.

The signature of the revised European social charter and of the collective complaints protocol by Ireland is further evidence of this country's on-going commitment to achieving the highest standards in relation to social and economic rights.