Legislative Measures

Dáil Éireann Debate, Thursday - 25 January 2024

Thursday, 25 January 2024

Questions (214)

Paul Murphy

Question:

214. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment for an update on his Department’s dealings with the European Commission in relation to its finding in May 2022 that Irish legislation was not in compliance with an EU directive; to give an update on the Government's response to the infringement notice served by the Commission on the noncompliance of Irish legislation; if it is the policy of the Irish Government to insist that Irish legislation is in compliance with the EU directive; if his Department has conveyed a position to the European Commission on the infringement notice; if so, if the Commission has responded; and if he will make a statement on the matter. [3441/24]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment

In May 2022 a letter of formal notice was adopted by the European Commission in relation to Infringement INFR(2022)4021: Non-conformity of Irish legislation with the European Works Councils Directive 2009/38. The complaint alleged that rights under the Directive cannot be effectively enforced in Ireland.

My Department responded to the case by meeting with the Commission and replying in writing in November 2022. It remains the position of Department officials that the provisions of the 1996 Act as amended fully meet the requirements of the Directive.

I understand that a European Works Council (EWC) is in place in the company which was the subject of the infringement proceedings and that the first decisions under Ireland’s legislation on European Works Councils were published by the Workplace Relations Commission during 2023.

It might also be noted that the European Commission is expected to finalise a proposal for a revised EWC directive in early 2024.