Dáil Éireann Debate, Tuesday - 24 July 2018
2559. Deputy Jim O'Callaghan asked the Minister for Employment Affairs and Social Protection the details of the EU directives that fall under her remit that are not yet transposed into law; the deadline imposed by the EU for the transposition of same; and the estimated date for the transposition of those directives into law. [34709/18]
Amharc ar fhreagraThere are 3 EU Directives which come within the remit of my Department which have not yet been transposed:
- Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights,
- Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast), and
- Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.
Directive 2014/50/EU provides for the improvement of the minimum EU rules around acquisition and preservation of pension rights, thereby supporting worker mobility. The deadline imposed by the EU for the transposition of this Directive was 21st May 2018. While existing Irish pensions law is already compliant with many of the aspects of the Directive, some minor and technical amendments to the Pensions Act 1990 will be necessary in order to fully transpose this Directive.
It is intended that these legislative changes will be included by way of Committee Stage Amendments to the Social Welfare, Civil Registration and Pensions Bill 2017 which is currently before the Oireachtas.
Directive (EU) 2016/2341 provides for a range of new requirements concerning governance, management standards in schemes, safekeeping of assets, the need for clear and relevant information to members, the removal of obstacles to cross-border provision of pension services and the facilitation of cross border transfer of schemes. There are also provisions that will enhance the powers of the Pensions Authority for effective supervision of occupational pensions in Ireland.
Transposition of this directive, which is due by 13th January 2019, will require the amendment of the Pensions Act 1990 and Regulations made under that Act. It is anticipated that this Directive will be transposed into Irish law before the end of this year.
Directive (EU) 2018/957, which amends the earlier Directive 96/71/EC on the posting of workers, provides for changes in relation to the applicability of collective agreements, the rules on remuneration of posted workers including in situations of sub-contracting, the duration of posting and the rules on temporary agency workers.
Transposition of this Directive, which is due by 30th July 2020, will require amendments to a number of areas of employment and labour law. It is anticipated that this Directive will be transposed into Irish law by early 2020.
