Dáil Éireann Debate, Wednesday - 21 November 2012
109. Deputy Nicky McFadden asked the Minister for Jobs, Enterprise and Innovation if the rights of domestic workers will be protected by the ratification of the Domestic Workers’ ILO Convention, if Irish laws will be brought in line with international standards; and if he will make a statement on the matter. [51688/12]
View answerCurrently domestic workers in Ireland are protected by virtue of the fact that the full suite of employment rights legislation, including that of redress for violations of their employment rights, apply to domestic workers in the same way as they apply to other categories of employees in Ireland. Also NERA has carried out a programme of inspections involving Domestic Workers as well as continuing to respond to any complaints it receives from Domestic Workers.
A voluntary Code of Practice for Persons Employed in Other People’s Homes was developed under the Industrial Relations Act 1990. The Code sets out certain employment rights and practices for persons employed in other people’s homes and encourages good practice and compliance with the law in such employment situations. In any proceedings before a court, or a workplace relations dispute resolution body, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
The issue of ratification by Ireland of Convention No. 189 on decent work for domestic workers is being considered in the context of our standard approach to the ratification of international instruments. Ireland does not ratify international Conventions until any such necessary amendments to domestic legislation have been identified and effected.
The current situation in relation to the ratification process is as follows. A preliminary assessment of the implications of ratifying the International Labour Organisation’s Convention 189 on Domestic Workers is currently being finalised by my Department. The Assessment includes an Article-by-Article examination of the extent to which Domestic legislation provisions already provide for the Rights and Entitlements enunciated in each Article, as well as the extent to which any legislative amendments will be required. This assessment will then be forwarded to the Office of the Attorney General for their examination.
My officials have been in contact with EU Commission officials and I am aware that they are in the process of issuing a document to all its members in relation to the ratification of the Convention. I have asked the Commission to provide me with this document when it is available.
