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Employment Rights

Dáil Éireann Debate, Tuesday - 18 October 2011

Tuesday, 18 October 2011

Questions (190, 191)

Robert Dowds

Question:

201 Deputy Robert Dowds asked the Minister for Jobs, Enterprise and Innovation his views on questions raised in the Universal Periodic Review over the right to collective bargaining here; and if he will make a statement on the matter. [29577/11]

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Written answers

The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its twelfth session from 3 to 14 October 2011. The review of Ireland was held at the 7th meeting on 6 October 2011. Ireland's delegation was headed by the Minister for Justice and Equality.

In the course of the Working Group's discussion any UN Member State can pose questions, comments and/or make recommendations to the States under review. Norway submitted a question asking whether Ireland is prepared to enact legislation to underpin the right of workers to collective bargaining through their trade unions in line with Ireland's international commitments. Norway subsequently made a recommendation to this effect.

There is a commitment in the Programme for Government to ensure that Irish law on employees' rights to engage in collective bargaining is consistent with recent judgements of the European Court of Human Rights. This process will require consultation with stakeholders, including employer and worker representatives, and a review of the experience of the operation of the existing legislative framework as put in place under the Industrial Relations Acts of 2001 and 2004 and the consequences of the litigation that has arisen in the course of the operation of these Acts.

Ireland's response setting out the consideration given to the Norwegian recommendation will be delivered in the context of our comprehensive report to be provided before the 19th session of the Human Rights Council in March 2012.

Joan Collins

Question:

202 Deputy Joan Collins asked the Minister for Jobs, Enterprise and Innovation if all staff employed by the Houses of the Oireachtas are covered by the Working Time Act and all relevant health and safety regulations; and if he will make a statement on the matter. [29738/11]

View answer

In relation to health and safety, the position is that every worker, in every sector of the economy, is protected by the Safety, Health and Welfare at Work Act 2005 and extant statutory instruments relevant to health and safety in the workplace.

The Organisation of Working Time Act 1995 contains specific definitions of employee and employer to whom the Act applies and describes the various circumstances in which the Act is not applicable.

It is the responsibility of all employers, including the Houses of the Oireachtas, to consider the extent to which all employment and health and safety legislation is applicable and to ensure compliance with all related obligations.

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