Robert Dowds (Dublin Mid West, Labour)
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Question 106: To ask the Minister for Enterprise, Trade and Innovation, concerning the Revised European Social Charter for each year from 2002 to 2011 inclusive, the date on which the national report by Ireland under the annual reporting procedure was due to have been submitted; the date on which each report was actually submitted; the reasons for any late submissions; and the steps he will take to ensure that no report due while he is Minister is submitted after the due date. [7894/11]

Robert Dowds (Dublin Mid West, Labour)
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Question 107: To ask the Minister for Enterprise, Trade and Innovation, concerning the provisions of the Revised European Social Charter, which the State has accepted, the reports in which the State has been found not to be in compliance; for each of these, whether the law, policy or practice that gave rise to the finding of non-compliance has been amended to ensure compliance; and if not, when this will happen. [7895/11]

Richard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 106 and 107 together.

The Revised European Social Charter of the Council of Europe of 1996 came into force on 1 July 1999. Ireland signed and ratified the Revised Charter on 4 November 2000. The human rights treaty comprises 31 Articles which updates and completes the rights protected in the original European Social Charter of 1961 in areas such as employment, social protection, non-discrimination, education and health.

The specific information that the Deputy has requested in respect of the national reports submitted by Ireland in the years 2002 to 2011 is included at Table 1.

In preparing Reports, my Department has to consult with a number of Government Departments in relation to their areas of substantive responsibility to seek information on any relevant legislative and/or administrative changes that have taken place which impact on our implementation of the Revised Social Charter and, on measures taken, where applicable, to bring the situation into conformity with the Charter. Given the range of issues to be covered and the number of Departments to be consulted, this can be a very time consuming and resource intensive process. Having regard to other pressing demands on scarce resources, my Department expects to complete the Eighth Report, outstanding since October 2010, within the next 6-8 weeks depending on when material is received from Departments and agencies.

At the time of signature and ratification of the Revised Charter, Ireland was in a position to implement almost all of the provisions of the Revised Charter, with the exception of certain elements imposed under Articles 8, 21, 27, and Article 31. In respect of all remaining Articles, and in the context of detailed examination of our national reports over a period of more than 40 years, Ireland has been found to be in non-conformity with a certain number of specific aspects of the provisions of individual Articles of the original and revised Charter. In this regard, in completing its national implementation reports in intervening periods since the issue of finding of non-conformity, Ireland has provided information on the developments, if any, in the intervening period including on measures it has taken to bring a situation into conformity with the Charter and/or explained the reasons for our non-conformity. The specific issues for which we remain in non-conformity are several, wide-ranging and diverse and it would not be possible in this reply to provide the Deputy with the full extent of issues arising and Ireland's response in each case. I would, however be happy to provide this information to the Deputy separately in follow-up correspondence.

In recognising the importance of the Council of Europe in its standard setting activities through implementation of the obligations that arise across a range of diverse areas under the Articles of the Revised European Social Charter, it must be recognised, of course, that Ireland already has an extensive legal framework in place in the area of protection of employment rights and fully meets its obligations under the requirements of EU legal instruments in this regard and is in compliance also with other international labour instruments, including those of the International Labour Organisation.

Table 1: National Reports submitted by Ireland in the years 2002-2011