Comments adopted by the CEACR: Isle of Man

ADOPTED_BY_THE_CEACR_IN 2020

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Articles 9 and 10 of the Convention. Cost-sharing with respect to medicines and appliances. The Committee takes due note of the information provided by the Government in reply to its previous request concerning the exceptions to cost-sharing with respect to medicines and appliances, and in particular the “wide range of exemptions from prescription charges targeting those who are most in need and those who have the least means to pay”, as well the financial contribution required from other persons for entitlement to prescription medicines and appliances free of charge.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or to accept Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No 121 or accepting Part VI of Convention No. 102 as the most up-to-date instruments in this subject area.

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Labour inspection: Convention No. 81

Articles 10, 14, 16, 20 and 21 of the Convention. Number of labour inspectors and inspection visits. Notification of industrial accidents and cases of occupational disease. Annual report on the work of the inspection services. The Committee notes the statistical information provided by the Government, in its report, on the activities performed by the Health and Safety at Work Inspectorate (HSWI) between June 2016 and May 2019, in particular with regard to the number of labour inspectors (three inspectors employed in 2019) and inspection visits (1,054 visits carried out from 2016 to 2019), premises covered by the HSWI (more than 3,000 in 2019) as well as the number of accidents, diseases and dangerous occurrences at workplaces. The Committee also takes note of the registers of enforcement notices issued, which are available at the Government’s website and include information on improvement notices (four in 2016, three in 2017, two in 2018 and four in 2019) and prohibition notices (seven in 2016, eight in 2017, five in 2018 and two in 2019). The Committee requests the Government to continue to provide information on the activities of the HSWI. Noting the Government’s indication that Environmental Health Officers perform inspections in lower risk premises, it further requests the Government to provide information on the inspection powers and activities of these Officers. It also requests the Government to indicate whether annual reports on the work of the inspection services are published in accordance with Article 20(2) of the Convention and, if so, whether they address the subjects specified in Article 21 of the Convention.

Labour administration: Convention No. 150

Article 4 of the Convention. Organization of the system of labour administration and coordination of its functions and responsibilities. With regard to its previous comments on the organization of the labour administration system, the Committee notes that the Government indicates in its report that further restructuring took place in relation to labour administration following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017. It notes that under this Order, the Department of Economic Development was renamed the Department for Enterprise and that certain functions were transferred from the former Department of Economic Development to other government departments. Functions relating to apprenticeships, vocational training and career services were transferred to the Department of Education, Sport and Culture and those related to the job centre and arrangements to support people with disabilities to obtain and retain employment were transferred to the Social Security Division of the Treasury. The Committee also takes note of the organizational charts of bodies comprising the labour administration system both prior to and following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017, transmitted by the Government. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests the Government to provide further information on the manner in which it ensures that these functions and responsibilities, which are entrusted to different bodies engaged in labour administration, are properly coordinated.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers or their representatives. The Committee notes that, in reply to its previous comments, the Government indicates that the Manx National Economic Development Council has been renamed the Manx National Development Forum (MNDF). The MNDF remains a tripartite body, has the same purpose as its predecessor and meets on a quarterly basis. It takes note of the terms of reference of the MNDF, as updated in 2018, and the minutes of meetings held in 2017 and 2018, which have been transmitted by the Government. Lastly, it takes note of the Government’s indication, in response to the Committee’s previous request, that its Code of Practice on Consultations has been reviewed and is available on its website. The Government indicates that the constituent parties of the MNDF are listed as direct consultees and any member of the MNDF may propose a specific consultation as an item on its agenda for discussion.

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The Committee takes note of the Government’s report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020).

Part III (Sickness benefit), Article 16, Part IV (Unemployment benefit), Article 22, Part X (Survivors’ benefit), Article 62, in conjunction with Part XI (Standards to be complied with by periodical payments), Articles 66 or 67 and the Schedule to the Convention. Replacement rates of sickness benefit, unemployment benefit, and survivors’ benefit. The Committee notes from the information provided by the Government in its report, and from the supplementary information provided, that the replacement rates of the contribution-based sickness benefit (43.1 per cent), unemployment benefit (17.75 per cent), and survivors’ benefit (35.04 per cent) calculated according to Article 66 of the Convention fall below its requirements. The Committee recalls that the Schedule to the Convention requires the replacement rates be at least 45 per cent for sickness and unemployment benefits and 40 per cent for survivors’ benefit. The Committee however notes from the Government’s indications that a means-tested Income Support and the Income-based Jobseeker’s Allowance can be also provided in case of sickness, survivorship or unemployment. The Committee draws the Government’s attention to the possibility of providing statistical data on the replacement rates of the Income Support and the Income-based Jobseeker’s Allowance according to Titles I-V of Article 67 of the report form for the Convention. Recalling that the replacement rates of benefits, in accordance with the Convention, shall be at least 45 per cent for sickness and unemployment benefits and 40 per cent for survivors’ benefit, the Committee requests the Government to provide the above-mentioned information with a view to assessing whether the requirements of Article 67 of the Convention are met.

Part V (Old-Age benefit), Article 26. Pensionable age. The Government indicates that a new State Pension has been introduced for people who reach state pension age after 6 April 2019. The Committee observes from the information available on the official Isle of Man Government’s website (Social Security Division) that state pension age will have been gradually increased from age 65 to 66 by October 2020, 67 by April 2028, and to 68 by April 2046. The Committee recalls that as required by Article 26 of the Convention, a pensionable age of higher than 65 may be fixed by the competent authority with due regard to the working ability of older persons in the country. The Committee therefore requests the Government to provide information on the working ability of older persons, including, for example, data on the healthy life expectancy (HLE), disability free life expectancy (DFLE), and employment rate among persons older than 65 years in the Isle of Man.

Part XI (Standards to be complied with by periodical payments), Article 66. Reference wage of the standard beneficiary. The Committee notes the information provided by the Government in reply to its previous request concerning the methodology used for determining the reference wage.

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Article 7 of the Convention. Statistics on the economically active population. The Committee notes the information provided by the Government on the economically active population. Moreover, it notes with interest the Government’s indication that due to changes to data publication and access to additional information, the data required to implement Article 7 is now readily available and published on a regular basis and that, therefore, consideration will be given to formally accepting this Article of the Convention. The Committee requests the Government to continue to provide information on any developments in this respect.

Article 8 of the Convention. Structure and distribution of the economically active population. The Committee notes that the Government of the Isle of Man carried out its most recent population census in 2016. It welcomes the information on census data and methodological information relating to the 2016 household and housing census, which has been supplied to the ILO Department of Statistics for publication on the ILOSTAT database. The Committee invites the Government to continue to provide updated data and methodology, and to keep it informed of plans to conduct the next Population Census. The Committee further requests the Government to provide information on any developments in relation to the implementation of the resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

Article 9(2). Compilation of statistics of time rates of wages and normal hours of work. The Government indicates once again that time rates of wages and hours are not currently compiled, but that their compilation remains under consideration. The Government reiterates that it may be possible to require compulsory returns from employers without amending the Statistics Act. The Committee therefore once again reiterates its previous request that the Government provide information on any measures taken or contemplated in relation to implementation of Article 9(2) of the Convention regarding the compilation of statistics of time, wage rates and normal hours of work.

Article 13. Statistics of household expenditure. The Committee notes the Government’s indication that statistics on household income and expenditure are derived from the Isle of Man Household Income and Expenditure Survey, conducted every five years. The Government still refers to the most recent survey as the one conducted in 2013. The Committee nevertheless notes that the latest survey conducted appears to be the Household Income and Expenditure Survey 2018/2019. The Committee requests the Government to continue to provide information on the data and methodology for compilation of statistics on household income and expenditure in accordance with Article 13 of the Convention, using the most recent survey conducted.

Article 15. Statistics on industrial disputes. The Committee notes that summarized statistics on industrial disputes (strikes and lockouts) were previously available from the administrative records of the Industrial Relations Service and were compiled and disseminated annually. The Committee notes that the Government’s report refers to the “Isle of Man in Numbers” as the source of this data, with the most recent report available for 2017. Nevertheless, the Committee notes that the 2017 report contains no information on industrial disputes. The Committee therefore requests the Government to communicate the most recent published data on industrial disputes (strikes and lockouts) and to provide the relevant methodological information.

Article 16. Acceptance of obligations. The Committee invites the Government to continue to provide information on the possibility of accepting the obligations of Article 11 of the Convention.