Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Question 154: To ask the Minister for Enterprise, Trade and Employment the reason the State has not ratified ILO convention 184 of 2001 on Safety and Health in Agriculture in view of the ongoing high incidence of work related accidents and fatalities in the agriculture sector; and the further reason the State has not ratified ILO convention 167 of 1988 on Safety and Health in Construction in view of the continuing high rate of accidents and fatalities in the construction sector. [23997/06]

Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Question 155: To ask the Minister for Enterprise, Trade and Employment the reason the State has not ratified ILO convention 174 of 1993 on Prevention of Major Industrial Accidents, ILO convention 171 of 1990 on Night Work and ILO convention 168 of 1988 on Employment Promotion and Protection against Unemployment. [23998/06]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 154 and 155 together.

Ireland only ratifies ILO Conventions where we can accept every single provision with which our legislation is fully in conformity. This also allows for absolute compliance. In adopting Conventions, the ILO operates by way of a double discussion procedure whereby proposals for International Labour Standards are discussed over two successive years at the annual International Labour Conference which is held in Geneva in June.

ILO Conventions have the status of International Treaties, and as such are subject to ratification, whereas ILO Recommendations, which mostly cover the same issues as Conventions, are more aspirational in nature and do not have to be ratified by Member States. The choice between favouring a Convention or favouring a Recommendation is dictated not so much by the content of the proposed standard, but influenced by whether the Government sees it appropriate to legislate in order to achieve the desired end. To ratify a Convention may require legislation, whereas a Recommendation can be put into effect through a change in policy without necessarily going through the legislative route. The fact that Ireland has not ratified a particular Convention does not mean that we do not have in place effective and up-to-date legislation and enforcement mechanisms relating to the sector in question i.e. such legislation tends to reflect an approach developed within a broader EU framework.

In relation to the Conventions referred to in the Questions, the position is that Departments have not confirmed conformity with the following Conventions:

∙Convention 167 and associated Recommendation 175 concerning Safety and Health in Construction, 1988

∙Convention 168 and associated Recommendation 176 concerning Employment Promotion and Protection against Unemployment, 1988

∙Convention 171 and associated Recommendation 178 concerning Night Work 1990

∙Convention 174 and associated Recommendation 181 concerning the Prevention of Major Industrial Accidents, 1993.

I am pleased to state that Ireland is ready to ratify Convention 184 and to adopt the associated Recommendation 192 concerning Safety and Health in Agriculture, 2001. I will bring proposals in this regard to Government and place the associated White Paper before both Houses in the near future. I should also point out, that in 2005, the Health and Safety Authority signed up to the ILO's Guidelines on Occupational Safety and Health Management Systems (ILO-OSH 2001). These Guidelines promote a management systems approach to safety and health at work and were developed in the tripartite ILO system. A growing number of countries have already signed up to these Guidelines.