Dáil Éireann debate -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Written Answers. - European Social Charter.

Ruairí Quinn

Question:

64 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the provisions in Irish law which contravene or which may contravene the European Social Charter of the Council of Europe, and proposals for reform; and if she will make a statement on the matter. [7079/02]

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

Ireland was among the first Council of Europe member states to sign and ratify the European Social Charter, which was opened for signature by the Council of Europe in 1961. A revised European Social Charter was adopted to adapt the charter to developments in the field of social rights since 1961 and was opened for signature at Strasbourg on 3 May 1996. The revised charter 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. These rights can be accepted selectively subject to a minimum number of acceptances.

Ireland signed and ratified this revised charter on 4 November 2000, subject to deferral of the acceptance of the following provisions until such time as our national legislation is in conformity with these provisions: 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; and 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. These provisions will be kept under review.

In relation to Article 31 – regarding the right to housing, the position of the Department of the Environment and Local Government 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 in November 2000.