Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ireland (Ratification: 1999)

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

Articles 1(1)(b) and 2 of the Convention. Discrimination based on disability and equality of opportunity and treatment. In its previous comment, the Committee asked the Government to provide information on the steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, including under the National Disability Inclusion Strategy (NDIS) 2017–21 and the Comprehensive Employment Strategy for People with Disabilities (CESPD) 2015–24; as well as the impact of such measures. The Committee notes that, in its assessment of progress under the NDIS for the period 2017–18, the National Disability Authority noted that: (1) only 36 per cent of persons with disabilities of working age (20 to 64 year-old) were reported to be in employment in the 2016 census, compared to 73 per cent of those without a disability in the same age-range; (2) steps were taken across the public service to enhance data collection; (3) work was under way to gather data on the number of persons, including persons with disabilities, accessing further education and training (FET) courses, while regretting that barriers remained as some FET courses were not available in all regions; (4) two significant recommendations of the “Make Work Pay Report” (2017) were implemented, namely the increase of the earnings threshold for retention of both the disability allowance and the medical card (to ensure that persons with disabilities who take up employment can retain access to these entitlements, so that work ‘pays’ and they do not end up financially worse off as a result of their employment); and (5) in 2018 the public sector as a whole achieved a level of 3.5 per cent of its workforce composed of persons with disabilities (Part 5 of the Disability Act requires a minimum of 3 per cent) and the CESPD 2015–24 commits to increasing the statutory minimum requirement to 6 per cent by 2024. The Committee also notes the Government’s statement in its report that, according to a 2019 report of the National Disability Authority, approximately 2,050 persons have taken up employment whilst on receipt of the disability allowance since the changes to disability-related benefits were introduced in 2017 with the aim of making it easier for people with disabilities to feel secure in their decision to explore work options and maintain key benefits when working. Over the same period, the average number of persons leaving the disability allowance system and getting a job has also increased by 21 per cent, from approximately 845 to 1,025 per year. It also notes the supplementary information provided by the Government indicating that, according to the mid-term review of the NDIS 2017–2021 published in February 2020, stakeholders want the emphasis for 2020 and 2021 to be on implementing existing commitments within the Strategy and on fulfilling obligations that arise from Ireland’s ratification in 2018 of the United Nations Convention on the Rights of Persons with Disabilities. Furthermore, the Second Action Plan (2019–2021) of the CESD was published in December 2019 and includes a range of actions to advance the strategic priorities which are to: (1) build skills, capacity and independence; (2) provide bridges and supports into work; (3) make work pay; (4) promote job retention and re-entry to work; (5) provide coordinated and seamless support; and (6) engage employers. Welcoming the steps taken so far, the Committee asks the Government to continue to provide information on the concrete steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, as well as information, including detailed statistics, on the results achieved under the National Disability Inclusion Strategy 2017–21 and the Comprehensive Employment Strategy for People with Disabilities 2015–24.

Article 2. Gender equality. The Committee previously asked the Government to amend section 6 of the Adoptive Leave Act to ensure that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters. It also asked the Government to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps, including under the National Strategy for Women and Girls 2017–20. As regards the latter, the Committee notes the Government’s indication that the Strategy is implemented through 139 actions undertaken by Government departments and agencies, in cooperation with the social partners and civil society. The Strategy includes actions aimed at addressing occupational gender segregation and, in particular, the low representation of females in apprenticeships and in occupations related to science, technology, engineering and mathematics (STEM). The Government adds that, at the end of 2018, there were 341 female apprentices registered across 36 apprenticeships schemes on offer, a significant increase from the 2015 figure of 26. The STEM Education Policy Statement 2017–2026 and its Implementation Plan 2017–2019, which include the aim to increase uptake of STEM subjects by females by 40 per cent by 2026, are currently being implemented. According to the Government’s indication, the first report (May 2019) of the Balance for Better Business’ Review Group of senior figures in business and the public service (established by the Government in July 2018) includes targets for Irish businesses to achieve 33 per cent of female directors for the top 20 listed companies by 2023, and for companies listed on Euronext Dublin not to have an all-male board by the end of 2019. Finally, the Government indicates that the employment rate of women aged 20–64 increased from 65.4 per cent in 2016 to 68.1 per cent in 2018, while the gap between male and female employment rates narrowed from 13.7 to 12.2 percentage point. Regarding the request to amend section 6 of the Adoptive Leave Act to ensure that any adoptive parent is entitled to take leave, the Committee notes that the Government limits itself to indicating that this will be considered in the context of future appropriate legislation, without providing any information on the status of the Family Leave Bill mentioned in the previous comment. The Committee notes, however, that the Parental Leave (Amendment) Act of 2019 increased the entitlement to unpaid parental leave to 26 weeks as from 1 September 2020 and raised the age of the child for which this benefit is available from 8 to 12 years (16 if the child suffers from a disability or long-term illness). It also notes that the Parental Leave and Benefit Bill of 2019 provides that eligible parents of children born or adopted on or after 1 November 2019 will be entitled to take two weeks paid leave in the first year of the child’s life. The Committee asks the Government to continue to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps. More particularly, it asks the Government to provide information on : (i) the results achieved under the National Strategy for Women and Girls 2017–20, and the STEM Education Policy Statement 2017–2026 and its Implementation Plan 2017–2019; (ii) the status of the Family Leave Bill and the Parental Leave and Benefit Bill of 2019, while ensuring that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters; and (iii) the uptake of both paid and unpaid parental leave, disaggregated by sex.

Equality of opportunity and treatment irrespective of race, colour and national extraction. In its previous comment, the Committee requested information on the steps taken or envisaged to: (1) promote equality of opportunity and treatment for the members of the traveller community and on the results achieved; and (2) promote equality of opportunity and treatment in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved. The Committee notes the Government’s reply that an “employment subgroup” including relevant agencies and representatives of the traveller community was established in 2018 to implement the actions foreseen under this thematic area in the National Traveller and Roma Integration Strategy (NTRIS). The Department of Employment and Social Protection has committed to delivering and supporting a range of assistance and targeted measures to increase employment, training and apprenticeship opportunities for travellers and Roma over the long term. The Government adds that mothers from the Traveller community will benefit from the new Affordable Childcare Scheme, thus enabling them to engage in employment. As regards migrant workers, the Committee notes the Government’s statement that ten actions within the Migrant Integration Strategy focus specifically on employment and pathways to work. These include actions focusing on education and training and initiatives to engage with prospective entrepreneurs. The 2018 monitoring report on integration showed that non-Irish nationals were matching Irish nationals on several key economic and social indicators but that nationals from countries outside the European Union tended to have lower employment rates and higher unemployment rates than Irish nationals. The most disadvantaged group remained the African nationals, with an employment rate of 45 per cent, compared to 70 per cent for other non-Irish nationals. The Committee also notes that, in its latest concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) remained concerned that the Government had not yet developed concrete action plans or allocated a sufficient budget to implement the NTRIS and recommended the adoption of legislative measures to formalize the recognition of travellers as an official minority group, clarifying, promoting and protecting their rights. It recommended that the Government take effective measures with an adequate level of resources to improve employment among travellers and Roma people, as well as to address all forms of discrimination against people of African descent, in particular in the employment and education sectors (CERD/C/IRL/CO/5-9, 23 January 2020, paragraphs 24(a), 31, 32, and 34(a)). The Committee asks the Government to provide information on the concrete measures adopted, including in the context of the National Traveller and Roma Inclusion Strategy, to promote equality of opportunity and treatment for the members of the traveller community, and on the results achieved. The Committee also asks the Government to provide statistics on the number of travellers and Roma people who have benefited from the above-mentioned measures or who have entered the workforce. The Committee also asks the Government to continue to provide information on the specific steps taken to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction, including with respect to migrant workers, and on the results achieved.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Previously, the Committee asked the Government to provide information on the funds allocated to the Irish Human Rights and Equality Commission (IHREC) and the Workplace Relations Commission (WRC), on their respective mandates and responsibilities, and on their activities aimed at promoting equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s reply that the IHREC is funded through a vote of Parliament and that its allocation has been increased every year since its establishment in 2015. In 2018, it prepared a draft Code of Practice on Equal Pay and began work on a revised version of the 2012 Code of Practice on Sexual Harassment and Harassment at Work (which was submitted for Ministerial approval in 2019) and on a new Code of Practice on Family-friendly Measures in the Workplace. In addition, work has commenced on a draft Code of Practice on Reasonable Accommodation in Employment, focused on employment of people with disabilities. The Government also indicates that the WRC’s Strategy Statement 2019–2022, entitled “Fair and Compliant Workplaces and Equal Treatment Services”, was approved by the Government in December 2018 and that the Commission is adequately resourced to fulfil its mandate. Additional funding has been provided in 2019 to enable the WRC to deal with the anticipated increased workload that will arise from An Garda Siochána (the national police and security service) gaining access to the WRC, and to facilitate an improved delivery of its services to regional locations. The Committee asks the Government to continue to provide detailed information on the funds allocated to the IHREC and the WRC, on their activities aimed at promoting equality of opportunity and treatment in employment and occupation and on the results achieved. The Committee asks the Government to provide information on the status of the Code of Practice on Equal Pay, the Code of Practice on Sexual Harassment and Harassment at Work and the Code of Practice on Family-friendly Measures, and provide a copy if they have been adopted.