Written answers
Thursday, 23 November 2023
Department of Children, Equality, Disability, Integration and Youth
EU Directives
Aindrias Moynihan (Cork North West, Fianna Fail)
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284. To ask the Minister for Children, Equality, Disability, Integration and Youth what measures he is taking on Ireland being referred by the European Commission to the EU’s Court of Justice for failing to fully comply with the process for implementing new rules about protecting the work-life balance for parents and carers; and if he will make a statement on the matter. [51547/23]
Aindrias Moynihan (Cork North West, Fianna Fail)
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285. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason there has been no response to the European Commission’s letter of formal notice in September 2022 requesting confirmation of completed transposition of the Work-life Balance Directive adopted in 2019; and if he will make a statement on the matter. [51548/23]
Roderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 284 and 285 together.
The date for transposition of Directive 2019/1158 of the European Parliament and of the Council on work-life balance for parents and carers was 2 August 2022.
While many of the provisions of the Directive were already in place or had been implemented, by the transposition date, there remained a small number yet to be translated into Irish law and procedures. The Work Life Balance and Miscellaneous Provisions Act 2023 was signed into law by the President on 4 April 2023, and introduces important entitlements for workers, including leave for medical care purposes for parents of children under 12, and the right to request flexible working for parents and carers. The Act also includes provisions to transpose Article 9 of the EU Work Life Balance Directive and provide for a right to request flexible working for parents and carers.
Many of the provisions of the Act have now been commenced, including the introduction as of 3 July 2023 of leave for medical care purposes for parents and carers. The right to request flexible working for parents and carers will be commenced following the preparation of a Code of Practice by the Workplace Relations Commission under Part 4. Commencement of Part 3 and Part 4 are for the Minister for Enterprise, Trade and Employment.
Ireland has formally notified the European Commission of progress towards transposition of the Directive, including Article 9. I understand that the term 'non-communication' is used technically to describe situations where not all provisions of a Directive have been brought into force rather than relating to non-communication by Ireland of the measures taken to enforce the Directive.
The Government fully supports implementation of the obligations set out in the Directive, and transposition in the earliest possible course remains an urgent Government priority.
My Department is engaging with the Department of Enterprise, Trade and Employment with a view to commencing the relevant provisions of the Work Life Balance and Miscellaneous Provisions Act 2023 at the earliest possible opportunity, and notifying the European Commission of full transposition of the Directive.
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