COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES REVIEW OF IRELAND’S INITIAL REPORT

MORNING
HR/ESC/99/16
5 May 1999



The Committee on Economic, Social and Cultural Rights this morning continued its consideration of the initial report presented by the Government of Ireland on measures adopted to comply with the International Covenant on Economic, Social and Cultural Rights.

In the course of their consideration of the report, Committee members continued querying the delegation on such issues as discrimination against women and the right to strike. Among other things, experts said women were not adequately represented in public affairs and other functions; the law on divorce was unfavourable to women; the right to strike was not recognized as a positive right in domestic law; Ireland did not have general minimum wage legislation; and civil servants, teachers and certain local authority and Health Board employees were excluded from access to the existing dispute-settling agencies.

Responding to the questions raised by Committee experts, the delegation said that the Irish Government was now committed to the introduction of a national minimum wage and work was proceeding to enact the necessary legislation in consultation with social partners. So far, only 10 per cent of the workforce, around 130,000 workers, already had minimum wage arrangements, which stood at 4.4 Irish Pounds per hour.

The 13-member Irish delegation, which was led by Bernard McDonagh, Second Secretary of the Department of Justice, Equality and Law Reform, included representatives of various Government bodies concerning Foreign Affairs, the Office of the Attorney General, Education and Science, Environment and Rural Development, Health and Children, Social, Community and Family Affairs, the Commission for Justice and Peace and the Council for Social Welfare.

As one of the 139 State parties to the Covenant, Ireland must submit periodic reports to the Committee on how it was complying with the provisions of the treaty.

In the beginning of the morning meeting, the Committee held a brief private meeting to discuss its draft concluding observations and recommendations on the report of Denmark which has already been considered this week.

When the Committee reconvenes at 3 p.m., it is expected to conclude its consideration of Ireland’s initial report.

Discussion

Committee members continued their consideration of the initial report of Ireland by querying the delegation on such issues as discrimination against women and the right to strike. Among other things, experts said women were not adequately represented in public affairs and other functions; the law on divorce was unfavourable to women; the right to strike was not recognized as a positive right in domestic law; Ireland did not have general minimum wage legislation; and civil servants, teachers and certain local authority and Health Board employees were excluded from access to the existing dispute-settling agencies.

In response to questions raised yesterday and this morning, the members of the Irish delegation said that the high rate of unemployment was a major problem for the Government. Long term unemployment for more than a year stood at 3.9 per cent while the unemployment rate had reached 6 per cent of the total work force. The country's work force was estimated to be 1.5 million, out of which only 44,000 were foreigners. Only 9,900 migrants workers coming from non-European Union country participated in the nation's employment force.

The delegation continued to say that the Irish Government was committed to the introduction of a national minimum wage and work was proceeding to enact the necessary legislation in consultation with social partners. So far, only 10 per cent of the workforce, around 130,000 workers, already had minimum wage arrangements. The National Minimum Wage Commission, established by the Government, had already made recommendations, including a minimum rate of 4.4 Irish Pounds per hour.

Further, the local authority and Health Board employees were no longer excluded from access to the Labour Relations Commission or the Labour Court since August 1997. Civil servants and teachers had their own dispute- settling mechanisms which were agreed upon by the Government and the relevant trade unions. In addition, industrial action was protected by provisions in the law which gave trade unions certain immunities from liabilities for damages arising out of a trade dispute. For that reason, trade unions had not strongly pressed for a positive right to strike and appeared to favour the principle of the present immunities system. Any industrial dispute could also be addressed to the Labour Court. In general, the Irish trade unions traditionally did not use the right to strike, said the delegation.

Concerning representation of women in the Government, the delegation said that out of the 15 Government Cabinet ministers, three were women. Women also held junior posts in the different departments of the Government. Since the election of women to the higher posts were recommended by political parties, it depended on the number of women standing election under each party. However, the number of women seeking election and pursuing political career had increased in recent years. And since 1996 new legislation had been enacted regarding divorce, thus removing the previous legal obstacles affecting women.

Speaking on social security schemes, the delegation said that a disability benefit was paid on a weekly basis to people who were unfit for work due to illness. Maternity benefit was a payment for employed women who had been awarded maternity leave. Regarding the retirement pension, it was payable at the age of 65 to people who had retired from full-time employment.

In Ireland, the age of majority was attained at the age of 18 years or on marriage, and at this age citizens also had the right to vote. According to the delegation, the employment of children under the school-leaving age was generally prohibited. However, the child was defined as a person under the age of 16 years. The Government had proposed to define a child for the purpose of mental health legislation as a person who had not yet attained 18 years unless married.

A number of additional questions were asked by Committee members on such topics as domestic violence affecting women; the increase in the rate of suicide; teenage pregnancy; abortion; insufficiency of health treatment facilities; child poverty; conditions of elderly persons; and alcohol consumption.