# CE2004084EN.01094901.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/949 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/949

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(2004/C 84 E/1048)

WRITTEN QUESTION E-1115/04

by Proinsias De Rossa (PSE) to the Commission

(14 April 2004)

Subject:   Implementation of Work Discrimination Directive 2000/78/EC in Ireland

Subject:

In response to my Written Question E-3840/03 (1), the Commission acknowledged receipt of the proposed Irish Equality Bill on 16 January 2004. After consideration of the proposed Bill, I believe that the Irish definition of employee in its Equality Bill appears to be in breach of the Equal Treatment in Employment and Occupation Directive 2000/78/EC (2). Chapter 1, Article 3 of Council Directive 2000/78/EC states:

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| | This Directive shall apply to all persons, as regards both the public and private sectors ... in relation to conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity ... |
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This Directive shall apply to all persons, as regards both the public and private sectors ... in relation to conditions for access to employment, to self-employment or to occupation, including selection criteria and recruitment conditions, whatever the branch of activity ...

Section 3 of Ireland's Equality Bill 2004 fails to meet the requirements of Directive 2000/78/EC because the Bill denies protection under equality legislation to individuals employed in a private residence. Section 3 reads: ‘employee ... does not include a person employed in another person's home for the provision of personal services for persons residing in that home’.

Has the Commission made representations to the Irish Government with regard to the apparent discrepancy that now exists between Irish legislation and EU Directives? What action is the Commission proposing to take to ensure that this matter is addressed?

Answer given by Mr Dimas on behalf of the Commission

(29 April 2004)

(29 April 2004)

Although Ireland has sent the Commission a copy of its Equality Bill, as far as the Commission is aware, this has not yet entered into force, and Ireland has therefore not yet transposed Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. As mentioned in the reply to the Honourable Member's previous question E-3840/03, infringement proceedings have been launched against Ireland because of this failure.

The Commission has started to examine in detail the legislation of those Member States which have transposed Directive 2000/78/EC into their national law, to check that the Directive has been properly transposed. Where the Commission is not satisfied that the Directive has been correctly transposed into national law, infringement procedures will be launched.

The Commission cannot take formal action against a Member State while its legislation is still in draft form. The points raised by the Honourable Member will be part of the examination of the Irish legislation for conformity with the Directive.

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(1)  See page 741.

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(2)  OJ L 303, 2.12.2000, p. 16.

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