Clare Daly (Dublin Fingal, Independent)
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557. To ask the Minister for Jobs, Enterprise and Innovation the steps she will take to implement the European Union Directive 97/81/EC to protect part-time workers here. [16877/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Protection of Employees (Part-Time Work) Act 2001 (the 2001 Act) implemented EU Council Directive 97/81/EC into Irish law. The purpose of the Directive was to implement the Framework Agreement on part-time work concluded by the European cross-industry organisations UNICE, CEEP and the ETUC.

The purpose of the Framework Agreement, which was annexed to the Directive, was to eliminate discrimination against part-time employees and to improve the quality of part-time work. It also aimed to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner which takes into account the needs of employers and employees. Accordingly, the 2001 Act provides a wide degree of protection for part-time employees, including the general protection that a part-time employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a full time employee.

In addition, Section 13(5) of the 2001 Act contained provisions in relation to the preparation and publishing of a Code of Practice by the Labour Relations Commission in relation to the steps that could be taken by employers for the purposes of Clause 5.3 of the Framework Agreement. Clause 5.3 of the Framework Agreement provided that, as far as possible, an employer should give consideration to a request by workers to transfer from full-time work to part-time and vice-versa. The Labour Relations Commission prepared this Code of Practice, based on the provisions in Section 13 of the 2001 Act, following consultation with the social partners. It was deemed to be a Code of Practice and implemented, in 2006, by the Industrial Relations Act 1990 (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006). Under Section 42(4) of the Industrial Relations Act 1990, the Code is admissible in evidence in any proceedings before a Court, the Labour Court or an Adjudication Officer of the Workplace Relations Commission. Since 1st October 2015, the Workplace Relations Commission has taken over the role and functions of the Labour Relations Commission (including the Rights Commissioners’ Service of the Labour Relations Commission) as well as the functions of the Equality Tribunal and the National Employment Rights Authority (NERA) and the first-instance (complaints and referrals) functions of the Employment Appeals Tribunal.

I understand that IBEC and ICTU were involved in the process of drafting the Directive’s Framework Agreement at European level through the European social partner organisations. At national level, a tripartite group involving this Department, ICTU, IBEC and other relevant Government Departments was established to consider the measures necessary for implementing the Directive in Ireland prior to publication of the Protection of Employees (Part-Time Work) Bill 2000.

I am satisfied that Ireland has met its responsibilities in transposing EU Council Directive 97/81/EC into national law. This position is confirmed by a 2003 report on the implementation of the Directive undertaken by the European Commission.