Nicky McFadden (Longford-Westmeath, Fine Gael)
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To ask the Minister for Jobs, Enterprise and Innovation if the rights of domestic workers will be protected by the ratification of the Domestic Workers’ ILO Convention, if Irish laws will be brought in line with international standards; and if he will make a statement on the matter. [51688/12]

Richard Bruton (Dublin North Central, Fine Gael)
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Currently domestic workers in Ireland 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 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.

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.

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.

The current situation in relation to the ratification process is as follows. A preliminary assessment of the implications of ratifying the International Labour Organisation’s Convention 189 on Domestic Workers is currently being finalised by my Department. The Assessment 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 will be required. This assessment will then be forwarded to the Office of the Attorney General for their examination.

My officials have been in contact with EU Commission officials and I am aware that they are in the process of issuing a document to all its members in relation to the ratification of the Convention. I have asked the Commission to provide me with this document when it is available.

Colm Keaveney (Galway East, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation if he will detail the number of cases taken under Employees (Information and Consultation) Act 2006 that have been processed by the Labour Court and the Labour Relations Commission since 2006 to date; and if he will make a statement on the matter. [51689/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The purpose of the Employees (Provision of Information and Consultation) Act 2006, which implements EU Directive 2002/14/EC of the 11 March 2002, is to provide for the establishment of a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings with at least 50 employees. It provides a general right to information and consultation for employees from their employer on matters which directly affect them.

The Act also transposes into Irish law an optional provision of EU Council Directive 2001/23/EC of 12 March 2001 dealing with the safeguarding of employees’ rights in the event of transfers of undertakings, businesses, or parts of undertakings or businesses.

The Act provides employees, in undertakings with at least 50 employees, with a general right to information and consultation from their employers. The intention behind the Act is to ensure that information and consultation is provided by employers systematically so that employees are able to acquire an informed understanding of the challenges faced by the business.

The Act came into operation on 24 July 2006. Since then 135 cases have been received under the Act by the Labour Relations Commission. 7 referrals have been made under the Act to the Labour Court.

Colm Keaveney (Galway East, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation the steps he is taking to promote greater use of the Employees (Information and Consultation) Act 2006; and if he will make a statement on the matter. [51690/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The Employees (Provision of Information and Consultation) Act 2006 came into operation on 24 July 2006. The purpose of the Act, which implements EU Directive 2002/14/EC of the 11 March 2002, is to provide for the establishment of a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings with at least 50 employees. It provides a general right to information and consultation for employees from their employer on matters which directly affect them.

The Act also transposes into Irish law an optional provision of EU Council Directive 2001/23/EC of 12 March 2001 dealing with the safeguarding of employees’ rights in the event of transfers of undertakings, businesses, or parts of undertakings or businesses.

The Act provides employees, in undertakings with at least 50 employees, with a general right to information and consultation from their employers. The intention behind the Act is to ensure that information and consultation is provided by employers systematically so that employees are able to acquire an informed understanding of the challenges faced by the business. The Government recognises that timely information and meaningful consultation are prerequisites for the improved adaptability of Irish workplaces, which is vital to meet the challenges created by the globalised economy.

Research both at home and abroad demonstrates the tangible benefits that effective and meaningful information and consultation arrangements can bring to both the business and the individual. In modern society, organisations are undergoing continuous change driven by a complex combination of factors. It has been shown that effective information and consultation arrangements can help organisations improve their capacity to anticipate and manage change, leading to improved organisational performance and competitiveness.

Under Section 7 of the Act either an employer can initiate negotiations or employees can request negotiations to establish information and consultation arrangements. The Act provides the maximum flexibility to employers and employees to devise arrangements which best suit their own particular circumstances. So while providing certain legal requirements, the Act allows for the Irish voluntarist tradition to be maintained. It presents an opportunity to foster and deepen customised partnership-style approaches to anticipating and managing change.

Following enactment of the legislation in 2006, my Department published an Explanatory Booklet for Employees and Employers on the Provisions of the Act. This was later complimented by a Code of Practice (S.I 132 of 2008 Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008) which was developed by the Labour Relations Commission. Both publications can be downloaded from

My Department has also provided funding to IBEC and ICTU through the Workplace Innovation Fund to raise awareness of the legislation and to provide training for their members on the operational aspects of the legislation.