Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697750036206.pdf (Ireland)
Ibec submission to the Joint Oireachtas Committee on Gender Equality Ibec submission March 2022 1.

Introduction Ibec welcomes the opportunity to comment on a number of the considered recommendations developed by the Citizen’s Assembly on Gender Equality.

The breadth of recommendations is far reaching and a thorough overview of the key issues impacting gender equality in Ireland today.
In some cases, the Ibec position is across a number of the specific themes raised while in others it relates to individual recommendations, and this will be signposted throughout.

2.

Care The lessons of the lockdown and a widescale transition to home working during the pandemic have highlighted the interconnection of home and working life and the impact of caring responsibilities, both child and long-term care, in particular on women.
Ireland needs to be ready to meet the challenges of an ageing population, the associated increase in demand from older people for long-term care services, as well as the multifaceted nature of care for older people and individuals with disabilities or medical needs due to their financial, accommodation, social and health considerations.
Waiting lists for homecare and other social services show that there already exists a significant gap between the demand and supply of adequate services for long-term care, which is at risk of widening if significant investments are not made.

Long-term care - Ibec support increasing of the level of the income disregard in tandem with increasing the ceiling on the number of hours in paid work outside the home – this should not disincentivise work or catch people out who have a caring need.
In a number of budget submissions and consultations Ibec have called for investment in a suite of supports for carers and the caring industry.

This should include expansion of respite care hours, individual supports, training, continuous professional development and career paths and a significant increase in the home supports budget to provide for an additional 5 million hours of in-home support.
A statutory system for long-term care is needed to direct investment towards a continuum of care services to increase the supply of sheltered and supported housing options.

Significant capital investment is needed to expand access to day-care, respite and other social service facilities to meet demand in the coming decade.
Childcare - Despite significant increases in funding to the early childhood care and education sector over recent years, albeit from a low base, as well as a very welcome and ambitious First Five Years Strategy, Ireland remains one of the most underfunded childcare systems in Europe, failing to meet the EU average or UNICEF targets for investment and it is essential that that changes.
A lack of State investment has contributed to Ireland having one of the highest costs of childcare in the OECD and results in a sector characterised by low-paid employees with a lack of clear career path and providers struggling to sustain business under significant administration, inspection and regulation demands and increasing commercial rates and insurance costs.
Strong investment in a sustainable childcare and education system is essential for lifelong economic and social outcomes for children and families.

Ibec support a public and private partnership model of 3 early learning and care that is appropriately regulated and subsidised as is currently being worked on through the JLC and the work of the various working groups such as those on development and inspectorates.
Ibec also support having greater career structures, and access to training and professional registration, which enables employees to progress in their chosen area.

We recognise out strong recommendations for the sector.

A lack of quality and accessible childcare services can reduce the availability of skilled and educated workers, particularly women, which will impact Ireland’s economic growth potential.
Ibec support the recommendation of a commitment to investment in early childhood learning and care over the next 5 years to bring funding up to at least 1% of national income.
This will enable parents to access quality, affordable childcare from the age of 12 months; increase labour market participation, particularly for women; facilitate staff in having an appropriate salary, security in their role and a career path; and support providers in maintaining commercial viability and quality centres for education and care.

Paid leave - The family leaves available in Ireland are some of the most generous across EU member states.
Thanks to substantial increases in maternity leave over the last two decades, employees can avail of up to 42 weeks’ maternity leave.

Similar extensive leave provisions can be availed of under the Adoptive Leave Acts, whereby an employee can avail of up to 40 weeks’ adoptive leave.

Furthermore, an employee can avail of 10 days paid paternity leave, 5 weeks’ paid parents leave which can be taken in the first two years following a child’s birth or adoption and up to 26 weeks parental leave.
We also note the impending transposition of the Work-Life Balance Directive in August 2022, and which will require the extension of paid parent’s leave to 9 weeks.

Of course, annual leave and public holidays continue to accrue during these periods of leave which further extends the leave available to parents in the first years of a child’s life.

Any further extension of leaves will have a significant cost impact on employers.
Of course, any proposal to incur an obligation on employers to top up a maternity, adoptive, paternity or parental leave payment would be of particular concern given the grave and disproportionate cost implications this would have, particularly for SMEs.

Should the Government bring forward any specific proposal on the topping up of family leaves, it must, in the first instance be subject to a rigorous Regulatory Impact Assessment to assess the impact on employment costs, jobs and competitiveness.
Any extension of family leaves must be looked at in the context of the various other forms of leave that have been introduced and/or extended in the last 12 months which cumulatively place a significant impact on employers, particularly SMEs, at a time when companies are trying to sustain employment and remain competitive as they continue to face the unprecedented challenges of recent years.

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3.

Leadership in Politics, Public Life & the Workplace Gender quotas on boards - Ibec has always supported the goal of increasing the proportion of women in companies, but we also believe this should be encouraged at all company levels.

Recent statistics (EIGE Gender Statistics Database) show that gender quota laws for corporate positions do not necessarily lead to more women in leadership positions such as CEOs in companies.
There are many underlying reasons (e.g., social, cultural, educational) for the lack of women on boards and while quantitative targets such as the proposed quotas can increase numbers, they do not address the root causes of underrepresentation and as such are not sustainable.
Achieving the right mix of talents, skills and experience is key for all businesses, and diversity on boards is essential for 4 Ibec Policy Submission innovation, creativity, and good governance and that includes diversity including and beyond gender.

While there is a lot of work still to do, the work of Balance for Better Business has provided targets and monitoring that is ensuring that gender balance on boards is receiving corporate attention and action.
Positive results have already been achieved with the ISEQ 20 companies surpassing 30% of women on boards last year while Ireland has moved up to 12th position from 17th on the list of women on company boards for the largest companies in the EU.
Gender neutral recruitment and promotion policies - Employers already have stringent obligations pursuant to the Employment Equality Acts to ensure that their recruitment practices do not discriminate on the basis of the nine grounds set out in legislation, including of course, gender.
We believe that further best practice guidance on developing gender-neutral recruitment and promotion policies and practices could be beneficial in this area and would be more dynamic and flexible than prescriptive regulation, particularly in circumstances where there is no one-size-fits all approach which could work across sectors.

4.

Norms & Stereotypes and Education Ibec welcome the recommendations that address gender stereotypes.
This ranges from subject choice and curriculum review to career guidance and teacher training if we are to address the root of the issue.

The lack of availability of subjects like physics or mechanical drawing, in same sex schools in particular or the gendered curriculum that prevents participation in those subjects, narrows the subject and career choices of students at a very early age and has significant implications for occupational segregation in later life.
There is a need to challenge stereotypes by encouraging more women into male dominated industries and men into female dominated careers, investing in careers advice that provides real information and options to students and providing work placements in organisations in gender atypical areas.
This means building an awareness of gender stereotyping into teacher training pedagogy, overcoming the challenges of subject availability and opening up girls’ horizons to broader careers and education paths for example as apprentices, as entrepreneurs, in STEM or other technical and male-dominated fields.

Work being carried out with employers in this area includes the STEM Teacher Internship Programme supported by the 30% Club which empowers them to inspire future generations of students into careers.
It is necessary to address stereotypes and consider both men and women as having caring responsibilities and not see this as an obstacle to career progression.

In fact, assumptions about what women or men want from their careers generally needs to be checked.

To support this, a number of organisations have made strides in this field with Arthur Cox and Facebook launching shared parenting leave policies.
Others such as Citibank and ESB provide workshops, coaching and supports for pregnant employees and those returning after maternity leave but also for new fathers and partners to ensure they are supported at this time.
Monitoring of press and social media – The rules surrounding the usage of various social media platforms outline their prohibition of abusive behaviour and hateful conduct that spans threats of, incitement of and promotion of violence, targeted harassment or incitement of harassment, and violent sexual conduct.

Failure to adhere to these rules results in various penalties up to and including permanent exclusion.
It is important to note that online platforms are already under 5 obligations to remove illegal content expeditiously once notified.

There is a need for clarity regarding what constitutes illegal content, and this can be provided by legislators setting this out clearly in laws which can be scrutinised for their proportionality and potential impact on freedom of expression among other issues.

For example, legislation is currently proposed to clarify what would constitute incitement to hatred.
The legal framework underpinning these obligations on online platforms is currently being updated through the Digital Services Act, the Audio-Visual Media Services Directive at EU level as well as domestic measures including the Online Safety and Media Regulation Bill.

5.

Pay and Workplace Conditions Gender pay gap – Gender pay gap reporting is one part of a much-needed “whole of society” strategy to address female participation rates and employment gaps between genders.
It will not on its own identify or solve the myriad of structural, cultural and policy causes for these differences, but it is a critical and welcome diagnostic tool that has employer support.

As such we do not believe that legislative targets would be an appropriate, or indeed effective method of addressing this issue.

Ibec have been involved in the debate around gender pay gap reporting since its inception and engage with the Minister and his team in providing the business perspective.
It is essential that the Regulations and associated guidance provides clarity and information to employers on how to calculate the required pieces of data the legislation asks for.

This is essential at the earliest occasion to enable employers to fulfil their reporting obligations in December.

Failure to do this will result in inaccuracies and a lack of meaningful data.
More broadly, awareness and education regarding what the gender pay gap measures and what can and cannot be concluded from the publication of a gender pay gap is also key.
Business has a very important role to play in tackling the gender pay gap but its causes and as such its resolution will require the actions of a range of stakeholders from the education system; the family; society and the various structures that maintain gender norms and stereotypes in Ireland if we are serious about achieving gender equality.

Living wage – Ibec look forward to continuing to engage with the Low Pay Commission regarding its review of proposed introduction of a living wage.
We have previously communicated our concerns regarding its introduction given the many factors which play into the development of a living wage such as housing costs, energy costs and childcare costs – all of which are entirely outside of the employers’ control.

Employers are currently facing an unprecedented amount of legislative and policy reforms in the employment rights space.
Legislation in respect of statutory sick pay, auto enrollment and extended family leave entitlements are all expected in the coming 12 months – and that is nowhere near an exhaustive list in terms of new employment related cost that businesses must consider and implement.

Government must consider these legislative proposals in a way that properly takes account of the cumulative cost and burden of administration for employers.
We do not believe that now is time to further burden employers with the additional significant costs of a living wage.

It must be remembered that certain work has a capped value and marginal return.

Increasing the labour costs associated with such work would have a significant impact especially in low skilled work and could risk limiting this type of work by way of outsourcing or work redesign.
Access to this work is essential for certain persons in the economy and it is crucial that barriers into entry into the workforce are not created.

6 Ibec Policy Submission Employment contract security - Ibec respectfully submits that while the Constitution of Ireland rightly provides the highest level of protection for those wishing to organise and engage in collective bargaining, it has always provided that protection within the context of a voluntarist approach to trade union recognition.
In other words, while employers who wished to do so could engage in collective bargaining with a trade union, those who chose not to did not have to do so.

Just as the freedom of association guarantees protection for those who wish to engage in trade union activity, the corollary of that freedom – freedom to dissociate – has also been recognised by the Irish courts.

Ibec is engaging as part of the High-Level Working Group to review collective bargaining and the industrial relations landscape in Ireland.
We respectfully suggest that any examination of our collective bargaining and industrial landscape in Ireland is done under the auspices of this Collective Bargaining Review Group.

Ibec and its members are very supportive of the important work the Workplace Relations Commission does in enforcing current employment laws.
We believe that the WRC through its adjudication service and inspection service has been effective in enforcing current employment laws since its establishment in 2015 (and, indeed, prior to this through its predecessor NERA).

Flexible working - Ibec and its members recognise the value that a healthy work life balance and flexible working can bring to the workplace, with greater employee engagement, diversity and inclusion and staff retention being just some of the obvious benefits.
Through incremental legislative developments in employment rights in recent years in Ireland, we already have a range of generous statutory rights which contribute directly to flexibility in the workplace, and these will increase further with the transposition of the Work Life Balance Directive and the enactment of proposed legislation on the right to request remote working this Summer.
Ibec and its members are also broadly supportive of flexible working arrangements in excess of those required by statute where they can be facilitated and agreed at workplace level.

Indeed, it is clear from Ibec research that where additional flexibility can be accommodated, employers adopt a range of additional measures not required by statute, including job sharing, flexitime, working from home, personalised hours, career breaks and sabbaticals.
However, these flexibilities are very much tailored to the individual business/sector needs and are not necessarily suitable for all workplaces.

It is vital that these additional flexibilities remain at the employer’s discretion.

Further legislation to press for additional flexibility is not appropriate at this time.

When considering the issue of additional workplace flexibility, we need to consider the impact on business in a labour market which is already at full capacity.
The challenges go beyond the cost and administrative burden of arranging cover for absent employees – in some cases, it can be impossible to recruit replacements, particularly when the leave involved is fragmented into short periods.

This has an impact on other workers within the business who may be required to work overtime or cancel other leave arrangements such as annual leave in favour of their colleagues with family leave arrangements.

6.
6.

Domestic, sexual and gender-based violence Gender-based violence is a symptom of a greater issue caused by gender inequality.

While Ireland has made significant progress in addressing this issue, another horrific murder of a woman and the reactions and responses to it, remind us that under the surface, our hard-won gender equality progress is fragile and not as far progressed as we would have hoped.
Tackling gender-based violence and preventing it from occurring will require a comprehensive approach and a cultural change in how we discuss men, women and gender.

7 This systemic issue concerns gender norms and stereotypes, it is rooted in unconscious bias and attitudes towards the role of men and women in all aspects of our society, from the jobs and careers they hold, to their responsibility for child and elder care.
To address it will require education and awareness raising from early years onwards; school-age sex education regarding consent, respect and appropriate relationships; how we talk to and about women in Ireland; what is accepted language and behaviour across society, including in the workplace; and an understanding of how both joking along or staying silent where misogynistic or sexist comments are made ultimately communicates acceptance or tacit approval; if we are to get to the foundation of such issues.
This will require effort by both men and women, the family, the education system, the workplace and government, for real change to occur.

Anti-discrimination and equality legislation - Ibec and its members recognise the importance of regular reviews of anti-discrimination and equality legislation to ensure it continues to be effective in combatting discrimination and promoting equality.
In this regard, we note that the Department of Children, Equality, Disability, Integration and Youth recently concluded a consultation on the review of the Employment Equality Acts in December 2021.

In general terms, Ibec is of the view that the Employment Equality Acts continue to be fit for purpose in providing protection to those who claim to have been discriminated against and in particular notes the undoubted punitive and dissuasive redress available from breach of the legislation.
We are, therefore, of the view that any amendments to the legislation should be limited to those that promote equality, diversity and inclusion in the workplace.

We also support employers in ensuring that employees are fully trained on equality policies and note that this is a core element of relevant codes of practice.

Conclusion Thank you for the opportunity to comment on the extensive and comprehensive recommendations of the Citizens Assembly on Gender Equality.
8 Ibec Policy Submission About Ibec Ibec is Ireland’s largest lobby group and business representative.

We campaign for real changes to the policies that matter most to business.

Policy is shaped by our diverse membership, who are home grown, multinational, big and small and employ 70% of the private sector workforce in Ireland.

With 36 trade associations covering a range of industry sectors, 6 offices around Ireland as well as an office in Brussels.
With over 240 employees, Ibec communicates the Irish business voice to key stakeholders at home and abroad.

Ibec also provides a wide range of professional services and management training to members on all aspects of human resource management, occupational health and safety, employee relations and employment law.

www.ibec.ie @ibec_irl Connect with us on LinkedIn 9