Written answers

Tuesday, 13 March 2012

Department of Enterprise, Trade and Innovation

Legislative Programme

8:00 pm

Photo of Peter MathewsPeter Mathews (Dublin South, Fine Gael)
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Question 236: To ask the Minister for Jobs, Enterprise and Innovation when the recently passed legislation on the temporary agency workers directive will be enacted to give protection to these workers; and if he will make a statement on the matter. [13593/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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A Bill entitled the "Protection of Employees (Temporary Agency Work) Bill, 2011" completed passage in the Dail in mid February, 2012 and commenced consideration in the Seanad on 28th February, 2012 and it is currently before that House. The Bill is a priority Bill for my Department and I expect that the Bill will be enacted by end March, 2012.

Photo of Gerald NashGerald Nash (Louth, Labour)
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Question 237: To ask the Minister for Jobs, Enterprise and Innovation if it is his intention to bring forward for ratification ILO Convention No. 189 on the rights of domestic workers; if so, when this will proceed; and if he will make a statement on the matter. [13629/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I welcome the successful outcome of discussions at the International Labour Conference (ILC) that lead to the adoption of a new International labour standard aimed at ensuring Decent Work for Domestic Workers.

The final text of the draft Convention was one that the Irish Government was in a position to support and the Convention on Decent Work for Domestic Workers now becomes ILO Convention No. 189 supplemented by a Recommendation.

The issue of ratification by Ireland of this Convention is being considered in the context of our standard approach to the ratification of international instruments. In this regard, the Convention will be examined from the perspective of any changes that may be required to existing domestic legislation.

However, it is important to note that domestic workers are protected by virtue of the fact that the full suite of employment rights legislation, including that of redress for violations of their employment rights, apply to domestic workers in the same way as they apply to other categories of employees in Ireland.

A voluntary Code of Practice for Persons Employed in Other People's Homes was developed under the Industrial Relations Act 1990. The Code sets out certain employment rights and practices for persons employed in other people's homes and encourages good practice and compliance with the law in such employment situations. In any proceedings before a court, or a workplace relations dispute resolution body, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

It is also worth pointing out that NERA has been carrying out an on-going pilot programme of inspections involving domestic workers. In general, co-operation levels among employers of domestic workers was high and compliance levels were on a par with other employer/employee relationships.

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