Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the signing into law of the Employment Equality Act, 1997 by the President of Ireland on 18 June 1998. The Committee understands that the Act is not yet in force, but that its implementation will be advanced within 12 months following the signing of the Act. It also understands that this legislative text was amended in 1997 after the Irish Supreme Court determined that certain provisions of the Bill were unconstitutional. The Committee requests the Government to provide, in its next report, information on the status of the Act, and to supply a copy of the Supreme Court opinion as well as a copy of the Act and any implementing regulations. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the remaining matters raised in its previous direct request, which read as follows:

2. Noting that the Government clarifies that the definition of remuneration in the former text was intended to exclude all pensions, whether public or private, the Committee recalls paragraph 17 of its 1986 General Survey on equal remuneration where it states that allowances paid under occupational social security schemes are part of remuneration in respect of which there should be no discrimination based on sex. The Committee hopes that the new text will ensure that private pension schemes are covered by the protection against sex-based discrimination.

3. Regarding measures taken to follow up on the 1994 study of male-female wage differentials, the Committee notes from the Government's report that a commitment has been made in point 5.12 of the December 1996 national policy agreement on economic and social issues entitled "Partnership 2000 for Inclusion, Employment and Competitiveness" (concluded by the Government, employers, trade unions and community interest groups, of which the Government supplies a copy) to undertake a further study on male-female wage differentials. Arrangements for setting the terms of reference of the study are under way, and it is hoped that this second analysis will identify progress in this area. The Committee looks forward to receiving information on the study, together with a copy of its preliminary findings as soon as they are available.

4. The Committee also notes the creation, in the context of the "Partnership 2000" agreement, of an expert working group to be chaired by the Department of Justice, Equality and Law Reform, which will devise a national framework for the development of child-care services. Noting that many studies undertaken in various countries into the reasons behind discriminatory wage gaps point to the double burden on women workers who continue to shoulder most family responsibilities, the Committee hopes that this national framework will address the issue of shared child-care. It would appreciate receiving a copy of the national framework once it is adopted, and, in the meantime, hopes to receive information on progress in any work it may undertake in relation to the role of improved child-care facilities in eliminating gender-based wage inequalities.