Written answers

Tuesday, 22 March 2022

Department of Enterprise, Trade and Employment

Legislative Process

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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111. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 203 of 28 September 2021, if he will address this issue by way of legislation or statutory instrument; if so, the envisioned timeline for such action to ensure that the provisions of European works councils dispute resolution processes under the Transnational Information and Consultation of Employees Act 1996 are brought up to date; and if he will make a statement on the matter. [14731/22]

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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112. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 203 of 28 September 2021, if there has been any progress or developments on the matter raised; if his Department is ready to address this issue by way of legislation or statutory instrument; the envisioned timeline for such action to ensure that the provisions on European works councils dispute resolution processes under the Transnational Information and Consultation of Employees Act 1996 are brought up to date; and if he will make a statement on the matter. [14746/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 111 and 112 together.

Further to Parliamentary Question No. 203 of 28 September 2021; the European Commission raised a query on foot of a complaint it had received alleging non-conformity of Irish legislation with Directive 2009/38/EC on European Works Councils. My Department has replied to the queries raised. However, as the process is incomplete it is not appropriate for me to comment further at this time. 

A European Works Council (a “EWC”) is a body that facilitates information and consultation with European employees on transnational issues. EWC are subject to the law of the Member State in which they are located. They derive from Directive 1994/45/EC (the “EWC Directive”) as transposed into Irish law by the Transnational Information and Consultation of Employees Act 1996. A recast by Directive 2009/38/EC was given effect by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011).

The purpose of the recast Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings. 

The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully providing mechanisms for dispute resolution. There is no caselaw to support an assertion that the provisions of the Regulation are insufficient.

My Department are satisfied that the Transnational Information and Consultation of Employees Act, 1996 as amended fully and correctly transposes Directive 2009/38/EC into national law. However, should any inadequacies be identified, they will be addressed in due course.

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