Paul Murphy (Dublin South West, RISE)
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47. To ask the Minister for Enterprise, Trade and Employment if he will report on his Department’s engagement with the European Commission in relation to shortcomings identified by the Commission in Ireland’s enforcement of workers’ rights under the Directive on European Works Councils; the action that he intends to take in this regard; and if he will make a statement on the matter. [45108/22]

Damien English (Meath West, Fine Gael)
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A European Works Council (a “EWC”) is a body that facilitates information and consultation with European employees on transnational issues. EWCs 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.

In September 2021, my Department replied to queries raised by the European Commission in relation to a complaint it had received regarding the EWC Directive and how it is transposed and given effect in Irish national law. Subsequently, on 19 May 2022, the Commission wrote to the Irish Government with a letter of formal notice raising concerns with regard to the transposition of the Directive.

Having consulted with the Attorney General’s Office, my Department responded to the Commission on the 19 July 2022. My Department is 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 further queries be identified, they will be addressed in due course.

My officials propose to meet with the Commission in late September.