Dáil debates

Thursday, 11 May 2023

Ceisteanna Eile - Other Questions

Human Rights

11:20 am

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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72. To ask the Minister for Enterprise, Trade and Employment his views on the report by the European Committee of Social Rights, which found that the Government is in breach of several aspects of the European Social Charter; and if he will make a statement on the matter. [22018/23]

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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We are back to Deputy O'Reilly again.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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We are fairly getting through the questions this morning.

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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The Deputy is earning her salary today.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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Indeed. I will be putting in a claim for the overtime.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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On a point of information, is Deputy O'Reilly allowed to take questions from her colleagues in their absence?

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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This is Deputy O'Reilly's question.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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My question is No. 72.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Deputy Gould had a question.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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I understand that. I do not have any information on the matter. Apologies. I could do it with the permission of the Cathaoirleach, but it would be a fool's errand, unfortunately.

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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I am just dealing with the people in the Chamber who have questions.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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It is good delivery for Cork. That is why-----

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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I am sure the Minister could sing it if he had an ear to it.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I could put it on the record.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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Maybe another day.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Deputy Colm Burke has been working hard on it.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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My question is fairly straightforward. I am looking for the Minister's views on the report by the European Committee of Social Rights, ECSR, which found that the Government is in breach of several aspects of the European Social Charter. That is an important report. We should not be lagging behind on this or seeing this. I am interested in the Minister's views on what was found.

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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My Department co-ordinates Ireland's annual national reports under the revised version of the Council of Europe's European Social Charter. Ireland's 19th national report on the implementation of the charter was submitted to the Council of Europe in December 2021. The report covered the period 2017 to 2020 and focused on the accepted provisions under the thematic group of labour rights. The European Committee of Social Rights's assessment of Ireland's report was published in March this year. While the committee found that Ireland was not conforming with some areas of the charter, it also found Ireland to be in conformity with ten other areas. It should be noted that the assessment could not take into account the many employment rights initiatives introduced since 2020 across a range of areas including many referred to by the assessment, such as the gender pay gap. The Gender Pay Gap Information Act 2021, which comes under the remit of the Department of Children, Equality, Disability, Integration and Youth, was signed into law in 2021.

The ECSR assessment for Ireland will be considered in the context of the existing legislation protecting workers in Ireland and appropriate improvements to employment rights. Many of the labour rights flagged in the ECSR's assessment already have significant statutory protections set out in our national legislation, including in the Organisation of Working Time Act, the Minimum Notice and Terms of Employment Acts, the Unfair Dismissals Acts, the Protection of Employment (Collective Redundancies) Acts, the National Minimum Wage Act and the Payment of Wages Act. These form part of our national suite of employment law which is regularly updated and is robustly enforced by the Workplace Relations Commission. In addition, the Work Life Balance and Miscellaneous Provisions Act 2023, which incorporates the right to request remote working, came into effect on 4 April last. This Act provides for the introduction of new rights for employees to support a better balance of family life, work life and caring responsibilities.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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The committee found that we are in breach in several areas, including to the right to organise and the promotion of collective bargaining, which are breached by Ireland's failure to enact laws ensuring that workers cannot be dismissed for trade union involvement or activity. That is an important protection which does not exist. There is also ban on strikes by members of the Defence Forces and An Garda Síochána. The most recent report reaffirms the criticisms that have been made over many years. It specifically refers to the rates of pay for workers aged 18 and 19. The committee found that such rates of pay do not ensure a decent standard of living. When we consider the results of the survey done by Unite the Union, we see that, in real terms, wages have fallen by an average of €76 per week when inflation is factored in and we can see that it is worse for those people who are on sub-minimum rates of pay and for younger people. Will the Minister of State commit to a roadmap to address those issues where we have been found in breach and should not be in breach, as well as detailed timeframes with which we will be in compliance.

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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There is quite a bit to unpack there, but I think the Deputy will accept the time lag between when the report was published and what has happened since has seen many of the breaches rectified. On a couple of points the Deputy made, the rates of minimum pay for workers of a certain age are under review by the Low Pay Commission. We discussed that during the last session of parliamentary questions. On the ban on strikes for members of the Defence Forces, I must pay credit to the Minister for his work during his time as Minister for Defence and his real engagement with PDFORRA and RACO to ensure they can make representations at pay negotiations. We have a situation there. We discussed collective bargaining during the last session of oral parliamentary questions. The Government is looking at this with regard to wider European efforts on both collective bargaining and adequate rates of minimum wage. I hope to see progress on this in the coming months.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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The committee honed in on the lack of protection for trade union activity. I understand, not because of anyone sitting opposite but because we will be compelled by the European Union, that we will bring in legal protections for union organising and representation. Currently, without the protection from discrimination for trade union activity, it is impeding on workers' capacity to organise. It means that if we cannot comply with that, workers are left in a situation where they cannot organise and cannot then vindicate those rights. Something I have raised on more than one occasion is the issue of An Garda Síochána and the Defence Forces being kept out of normal trade union activity. Members of either still cannot strike. That is one thing that we were found to be in breach of. Where we have been found in breach, will the Government address it line by line and ensure we are in compliance? I assume it is the ambition of the Government to ensure that we are in compliance and that the next report will find that we are substantially compliant and will not have to deal with this.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I will respond on the comments on the Defence Forces. To be clear, PDFORRA was not looking and is still not looking for the right to strike. RACO is certainly not either. What they were looking for and now have-----

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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Affiliation.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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-----is a link to ICTU that allows them to be part of the various rounds of pay negotiations that take place. That is what they looked for and have. Nobody apart from Deputy O'Reilly seems to be looking for the Defence Forces to be given the ability to strike, which would not be the right decision for national security issues, which people in the Defence Forces recognise. It is important to put that on the regard.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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Can I respond to that briefly? I am referring to the report that was published and the fact that the right to strike was mentioned in it. I appreciate that. I looked only for affiliation when I spoke to the Minister, as he will know. I have long association with both those organisations and understand exactly what they want.

Questions Nos. 73 and 74 taken with Written Answers.