John Lyons (Dublin North West, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation with regard to the International Labour Organisation convention on Decent Work for Domestic Workers adopted last year in Geneva, if he will consider ensuring that he ratifies said convention in relation to domestic workers; and if he will make a statement on the matter. [39836/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The issue of ratification by Ireland of Convention No. 189 on decent work for domestic workers is being considered in the context of our standard approach to the ratification of international instruments. Ireland does not ratify international Conventions until any such necessary amendments to domestic legislation have been identified and effected. In June of this year I wrote to the Chair of the Select Committee on Jobs, Enterprise and Innovation to inform him of the progress to date in our assessment of the legislative and other requirements that would be necessary in order for the State to be in a position to ratify the Convention.

My Department is in the process of consulting with interested stakeholders – both Government and NGO’s – on aspects of the Convention. The consultation process at this stage has included the Migrant Rights Centre of Ireland and union representatives. In addition, a preliminary assessment of the implications of ratifying the International Labour Organisation’s Convention 189 on Domestic Workers is being finalised by my Department. This includes an Article-by-Article examination of the extent to which Domestic legislation provisions already provide for the rights and entitlements enunciated in each Article, as well as the extent to which any legislative amendments may be required. When the stakeholder consultation has been completed, I intend to send my Department’s assessment to the Office of the Attorney General for their examination. On receipt of the AG’s assessment, I hope to be in a position to outline my intentions as regards ratification of the Convention.

Meanwhile, 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. Also it is 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.

S.I 239/2007 gives effect to a Code of Practice for Persons Employed in Other People’s Homes, which 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.