Fundamental rights related to social partners

Participants explained that social dialogue had collapsed in 2009 due to the financial crisis. Consultation had only tentatively restarted in 2014, when Ireland rejoined the European Semester, and with the creation of the "Labour Employer Economic Forum" (LEEF) in 2016. Within a few months of the onset of the pandemic, an agreement on a return-to-work protocol had been negotiated within the LEEF. Social partners wanted to build on the success of this renewed and expanded social dialogue and the positive result seemed to have strengthened the government's commitment to the process. Government engagement could still be improved with regard to issues outside the LEEF: for example, once the 
Protocol on Ireland/Northern Ireland entered into force participants felt that the government had stopped engaging with regard to the implications of Brexit for workers. In relation to consultation as part of the European Semester, trade unions criticised the tightness of the timeframes, and felt that the process should be set up to allow for presentation of alternative narratives and proposals, instead of just reactions to government proposals.

It was noted that collective bargaining coverage was fairly low, and that this was being examined by the LEEF. Digital platform workers were outside the scope of agreements, and in general they were not members of trade unions. Their employment status was disputed. The LEEF had a number of subgroups looking at issues such as pensions, housing, childcare and discrimination, but many subgroups were yet to become active. In Ireland, social dialogue did not only include social partners, but encompassed a broader dialogue with civil society organisations, and relationships between stakeholders were good.

Gender equality and gender pay gap reporting were a significant area of focus. A gender pay gap reporting Bill was before the Parliament at the time of the visit. With regard to disability, the LEEF subgroup focused on access to the labour market, incentives, subsidies and flexible work arrangements. There was strong social partner involvement in the strategies for LGBTI+ inclusion, Traveller and Roma inclusion, and in the consultations on the development of the National Action Plan Against Racism.

The Irish Trade Union Congress covered the entire island, and both jurisdictions. Some participants called for further discussion of the human rights implications of Brexit for people living and working in the island of Ireland. Specifically, with regards to labour rights, the ending of freedom of movement posed significant problems to workers, in particular for "frontier workers", i.e. people living in the Republic of Ireland but working in Northern Ireland: they needed frontier permits to work legally in Northern Ireland, but there was a serious lack of knowledge about the legal requirements. Despite the Protocol on Ireland/Northern Ireland participants were concerned that Brexit could result in divergences between the rights of workers in the Republic of Ireland and in Northern Ireland. 

Participants expressed concerns about a hostile environment from Great Britain and Northern Ireland towards EU migrants in the context of Brexit. EU-migrants having difficulties documenting their status, such as Travellers and homeless people, were at risk of losing their rights. Despite the Protocol on Ireland/Northern Ireland, which ensures no hard border on the island of Ireland, participants expressed concern that one possible consequence of Brexit was that what had previously been an invisible border could "harden" with regard to freedom of movement for certain groups of people, and this could result in some people inadvertently finding themselves in an irregular situation when crossing the border. Participants also mentioned concerns about EU citizens being subject to racial profiling during immigration checks in Northern Ireland, and a risk of detention if they could not prove their status. They also expressed the hope that the EU would continue to engage with people in Northern Ireland.