Committee Reports > List of Committees > Joint > 1996 > Committee on Women's Rights (4th Committee) > Report No. 04 - Impact of European Equality Legislation on Women's Affairs in Ireland: Implementation of the 3rd Action Programme and Recommendations for Implementation of the 4th Action Programme

0. Report Structure

This report examines the implementation of European equality legislation in Ireland, including implementation of the 3rd Medium Term Community Action Programme, and recommendations for the 4th Medium Term Community Action Programme on Equal Opportunities for Men and Women 1996 - 2000.

Chapter one outlines the background to the work. In Chapter two, the Joint Committee sets down its recommendations for measures which would best achieve the objectives of the 4th Action Programme.

1. Introduction and Background to the Study

Background to the preparation of the Consultant’s Report

1.1.The Joint Committee was concerned to examine the extent to which European equality legislation including the Third Action Programme, had been implemented in Ireland. It was also concerned about the effectiveness of such legislation in bringing about equality between Irish men and women. Taking this into account, the Joint Committee was also concerned to have its views known on the 4th Action Programme with specific recommendations related to the current details of that programme.

Researcher’s Study

1.2.The complete results of the work done by the researcher as presented to the Joint Committee is included in this report. The Joint Committee considers it to be a comprehensive and valuable examination of the issues involved. The researcher’s study is reproduced in its entirety in Annex 1 of this report.

A delegation from the Joint Committee during the Committee’s deliberations met with a member of the European Commission, the Commissioner for Employment and Social Affairs, Mr. Padraig Flynn, Irish Members of the European Parliament and the Chairperson of the European Parliament’s Committee on Women’s Rights.

Joint Committee’s Recommendations

1.3.The Joint Committee lists its recommendations in Chapter Two. The Joint Committee urges the European authorities to take account of these recommendations. Indeed, the Joint Committee feels that Irish authorities and organisations should study these recommendations with a view to promoting equality without necessarily awaiting a directive from the EU authorities.

Acknowledgements

1.4.The Joint Committee wishes to thank its researcher, Ms. Marguerite Bolger, for her valuable input into its deliberations on this topic and her preparation of the study contained in Annex 1.

THE IMPACT OF EU EQUALITY LEGISLATION ON IRELAND RECOMMENDATIONS OF THE JOINT COMMITTEE

THE LEGAL BASIS OF THE 4TH ACTION PROGRAMME AND ITS OBJECTIVES

1.The Joint Committee recommends the use of binding Community measures (i.e. Regulations or Directives) rather than Recommendations or Opinions in implementing the 4th Action Programme. These measures must impose specific obligations on Member States, with clear deadlines being indicated, after which, in the event of non-implementation, the Member State will be liable in legal proceedings brought by individual citizens adversely affected by non-implementation.

2.The Joint Committee welcomes the fact that the 4th Action Programme has been placed on a firm legal footing as a Council Decision, thus involving formal consultations with interested parties and a clear role for the European Parliament.

EQUAL PAY AND DESEGREGATION OF THE LABOUR MARKET

3.The Joint Committee recommends that implementation of a Directive governing the situation of statistical dominance of men in a higher paid job and women in a lower paid job, where both jobs are of equal value. This Directive should provide that in such a situation, unlawful discrimination will automatically be proven unless essential market forces justify the wage differentials. This would contribute towards narrowing the wage differential gap between men and women and promoting the value of women’s work.

4.The Joint Committee recommends Community action on State vocational training programmes to train women for traditionally male jobs, encouraging flexibility in relation to all course timetables in order to facilitate participants with home commitments. Women must be guaranteed access to training, work experience and apprenticeships, by positive discrimination if necessary.

EQUAL TREATMENT

5.The Joint Committee recommends the implementation of a Directive on sexual harassment at work, defining sexual harassment and stating it to be unlawful discriminatory treatment which violates the Equal Treatment Directive. Employers should be obliged to implement and apply a Code of Practice on Sexual Harassment. Employers should be liable for the sexual harassment of their employees unless they can prove that they took all reasonable steps necessary to prevent its occurrence.

6.The Joint Committee recommends the implementation of a Directive on indirect discrimination, defining indirect discrimination and laying down appropriate standards of justification for requirements of a job which impact more heavily on the basis of sex or family status, with limits being placed on the extent to which economic factors can constitute justification. Less favourable treatment of part-time workers should be specifically stated to be indirect discrimination.

THE RECONCILIATION OF FAMILY AND WORK LIFE

PATERNITY LEAVE

7.The Joint Committee welcomes the recently issued Directive on parental leave and recommends the provision of a period of paid time off work for all fathers.

CHILDCARE

8.In order to push the issue of childcare to the top of the agenda at both European and National level, the Joint Committee recommends the implementation of a Directive on childcare placing obligations on the Member States to ensure the provision of adequate and affordable childcare and the regulation of childcare training, with a particular emphasis on the issue of access to childcare in rural areas. The financial considerations of such measures should be considered, such as subsidised childcare for low income families and tax concessions, which would have the dual effect of making private childcare more affordable and bringing many workers, who currently operate within the black economy, within the system.

9.The Joint Committee recommends the implementation of a Recommendation on support for carers responsible for non-child dependants, ie elderly or handicapped relatives with a view to implementing an appropriate Directive in the future.

10.The Joint Committee recommends the implementation of a Directive on flexibility in the workplace, providing for access to job-sharing, flexi-time and greater flexibility around starting times, where this is possible within the marketplace requirements of the employment.

JOB SHARING

11.The Joint Committee recommends the implementation of a Recommendation, with a view to implementing a Directive in the future, on Access to Job Sharing for private and public employees without discrimination in relation to working conditions and in relation to the national social insurance scheme. This Recommendation should strongly encourage employers to achieve quotas of job sharers, to facilitate employees of either sex who wish to job share and ensure that job sharing is not used as grounds for less favourable treatment at work, particularly in relation to access to promotion.

12.The Joint Committee recommends a monitoring system should be put in place to measure the success of Member States in achieving Community set quotas in relation to access to job sharing.

TAXATION

13.In order to ensure that spouses working exclusively within the home be given as much support and independence as possible, the Joint Committee recommends Community action on transferring the tax free allowance of a spouse working exclusively within the home to him or her as a monetary allowance based directly on the tax saving that would otherwise be enjoyed by their tax paying spouse.

EQUALITY IN SOCIAL WELFARE

14.The Joint Committee recommends Community action to ensure full and proper compliance within the Member States of the Social Security Directives, particularly by the use of enforcement proceedings against Member States to encourage them to deal with indirect discrimination in their social security systems.

15.The Joint Committee recommends the implementation of a new Directive on the social insurance rights of spouses of self-employed, and spouses working in the family business.

16.The Joint Committee recommends the implementation of a Directive on positive discrimination towards women (or men), who return to the labour market after a period of absence for family reasons, in relation to their social insurance contributions.

ACCESS TO THE LAW

17.The Joint Committee recommends the implementation of the draft Directive on the burden of proof which would firstly shift the onus of proof to the employer where a claimant proves a prima facie case of discrimination, and secondly ensure that claimants have access to all the information they need to present their case.

18.The Joint Committee recommends Community action to promote awareness of equal opportunities initiatives, particularly through the use of national media and local women’s groups.

19.The Joint Committee recommends Community action to ensure access to equality legislation and information on equality policy for rural women with resources to be made available to assist in transport costs incurred in attending training and development programmes.

20.The Joint Committee recommends the implementation of a Directive to lessen the current scope of Member States to exclude certain categories of employees from the ambit of the equality legislation. (e.g. It is doubtful whether the current exclusion of the Irish defence forces from the categories of persons to whom equality legislation applies is consistent with Ireland’s obligations under the Equal Treatment Directive)

WOMEN IN THE DECISION-MAKING PROCESS

21.The Joint Committee recommends Community action to ensure that the equality dimension is integrated into all aspects of the Community.

22.The Joint Committee recommends Community action on ensuring gender balance on State bodies, boards etc. This should be achieved initially in the form of a Recommendation to be followed by a Directive.

23.The Joint Committee recommends Community action to promote the image and status of women in culture and the media.

24.The Joint Committee recommends Community action to examine the possibility of extending the current ambit of equality legislation beyond the labour market and social welfare into all aspects of public life, eg provision of services, cultural and social activities etc. and beyond gender to disability, membership of ethnic communities, membership of the travelling community, religion, nationality, political beliefs etc.