Gerald Nash (Louth, Labour)
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Question 281: To ask the Minister for Jobs, Enterprise and Innovation if he intends, in view of the requirement under the International Labour Organisation's constitution to submit adopted conventions to national parliaments within one year of their adoption by the organisation, to submit convention 189 on the rights of domestic workers to Dáil Éireann before 16 June; and if he will make a statement on the matter. [26612/12]

Richard Bruton (Dublin North Central, Fine Gael)
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I welcome the successful outcome of discussions at the International Labour Conference (ILC) in June 2011 that led 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 has become ILO Convention No. 189, supplemented by a Recommendation.

The question of ratification by Ireland of this - or indeed any - international Convention must be considered from the perspective of any amendments that may be required to existing domestic legislation, as well as the cost implications for both the State and private enterprise, if any, arising from ratification, including enforcement arrangements.

My Department is in the process of assessing the implications of the Convention from these perspectives, including any amendments that may be necessary to existing employment rights legislation which numbers in excess of thirty Statutes, together with associated Regulations and Statutory Instruments.

The date to which the Deputy refers derives from Article 19 of the ILO Constitution which provides that Member States "should bring the Convention before the authority or authorities within whose competence the matter lies for the enactment of legislation or other action". It is not yet clear that legislation will be required in this case and therefore the question as to whether there will be a legislative role for the Houses of the Oireachtas is not certain.

Nevertheless, I intend to communicate in the near future with the Chairman of the Joint Committee on Jobs Enterprise and Innovation in order to apprise the Committee of the content of the Convention and to provide an update on the process to date.

However, it is important to note that, in the meantime, 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 carried out a programme of inspections involving domestic workers, as well as continuing to respond to any complaints it receives from domestic workers.