WRITTEN QUESTION E-1115/04 by Proinsias De Rossa (PSE) to the Commission. Implementation of Work Discrimination Directive 2000/78/EC in Ireland.
Date: 2004-04-14
Institutions: European Parliament, Provisional data
Subjects: Ireland, application of EU law, equal treatment, labour law, service occupation, wage earner

3.4.2004

EN

Official Journal of the European Union

C 84 E/949

Answer given by Mr Bolkestein on behalf of the Commission

(30 April 2004)

A first examination of Section 33, paragraph 10, of the 1988 Austrian Income Tax Law (EStG), in the
led to doubts as regards its
version published in the Austrian Federal Gazette (BGBl 818/1993)
compatibility with EU law.

The Commission will therefore contact the Austrian Government for further information and, if necessary,
take further steps to ensure the compliance of the Austrian tax rule with EU law.

(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

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:

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?

(1) See page 741.
(2) OJ L 303, 2.12.2000, p. 16.

Answer given by Mr Dimas on behalf of the Commission

(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.