Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. The Committee notes that following a study on the scope of the equality legislation published in 2004, the Government decided that there was no need to extend the grounds of discrimination to cover political opinion or social origin. The Government nevertheless points out that protection concerning political opinion was available under the Unfair Dismissals Act. It also expressed the view that the ground of social origin raised issues of definition.

While noting this information, the Committee wishes to emphasize that the national policy to promote and ensure equality of opportunity and treatment in employment and occupation to be adopted in accordance with the Convention must address discrimination based on all the grounds listed in Article 1(1)(a), including political opinion and social origin. While the Unfair Dismissals Act provides protection from dismissal that results wholly or mainly from the political opinions of the employee (section 6(2)), the legislation does not prohibit discrimination based on political opinion in employment and occupation more broadly, as defined under Article 1(3) of the Convention. With regard to the meaning of the ground of social origin, the Committee refers the Government to its General Survey of 1988 (paragraphs 54–56) and its Special Survey of 1996 (paragraphs 43–44) on equality in employment and occupation. The Committee requests the Government to indicate how protection from discrimination based on political opinion and social origin is provided in law and in practice and hopes that the Government will continue to consider the possibility of including these grounds in the legislation. It asks the Government to elaborate further on the difficulties regarding the definition of the ground of social origin, taking into account the explanations given in the General Survey of 1988 and Special Survey of 1996.

Article 2. Measures to promote employment equality. The Committee notes with interest the information provided by the Government on the wide range of activities undertaken by the Equality Authority to promote workplace equality, including the information contained in the Authority’s 2005 and 2006 annual reports. The Committee notes in particular the continuing implementation of the Equality Review and Action Plan (ERAP) Scheme, the scheme assisting small and medium-sized enterprises in developing their policies and structure for addressing inequalities at the workplace; the promotional campaigns against racism and ageism at work; as well the studies and research projects into the impact of diversity and equality on productivity and the efforts to support research, data collection and resource development to identify labour market inequalities facing people with disabilities, older workers, minority ethnic groups and travellers. The Committee requests the Government to continue to provide information on the outcome and any follow-up of these measures, as well as information on any other steps taken or envisaged to promote the realization of employment equality.

Gender equality in employment and occupation. The Committee notes the National Women’s Strategy 2007–10, which has been developed with the participation of the social partners. In particular, the Committee notes the wide range of objectives and action envisaged under the Strategy to promote women’s equality in the labour force and to ensure that childcare services are optimized to meet the needs of parents and children alike. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. Noting the Strategy’s focus on work and family reconciliation, the Committee requests the Government to indicate whether consideration is being given to ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Article 3(d). Employment under the direct control of the national authorities. The Committee notes that the Disability Act 2005, requires positive action by public employers in the employment of women and men with disabilities. The Civil Service holds special competitions with a view to ensuring that 3 per cent of all recruits are persons with disabilities. Some departments have developed codes of practice for the employment of persons with disabilities. The Committee also notes the information provided on the Civil Service Traveller Internship Programme and on the efforts to ensure recruitment of candidates of all ethnic and religious backgrounds in the police force. The Committee requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment irrespective of sex, disability, ethnic origin, religion or other grounds. Please also provide information on the results achieved by such action, including statistical information.

Part V of the report form. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning equality of opportunity and treatment in employment and occupation, relevant studies and reports, and statistical information on the labour market situation of men and women, as well as ethnic minority groups, and persons with disabilities, disaggregated by sex.