Dáil Éireann Debate, Thursday - 15 December 2022
147. Deputy Michael McNamara asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the concerns expressed by the European Commission and an organisation (details supplied) regarding the adequacy of Ireland's transposition of Directive 2009/38/EC; and if he will make a statement on the matter. [62876/22]
Amharc ar fhreagraThe Transnational Information and Consultation of Employees Act 1996 (TICEA), No. 20 of 1996, transposed EU Directive 94/45/EC into Irish law.
That Directive was recast by Directive 2009/38/EC to which effect was given by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011).
The Act provides for the establishment of a European Works Council (EWC) or other mechanisms in community-scale undertakings and community-scale groups of undertakings for the purposes of informing and consulting employees.
The European Commission raised a query on foot of a complaint it had received alleging non-conformity of Irish legislation with Directive 2009/38/EC on European Works Councils. My Department has replied to the queries raised. However, as the process is incomplete it is not appropriate for me to comment further at this time.
My department is engaging with the European Commission on foot of the complaint received.
The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully providing mechanisms for dispute resolution. However, should any inadequacies be identified, they will be addressed in due course.
