E/C.12/IRL/CO/3
minimum wage applies to all employees and ensures a decent living for workers and
their families.
Institutionalized forced labour — the Magdalene laundries
18.
The Committee regrets the massive and systemic forced labour that occurred, with
the patronage of the State, between 1922 and 1996, in the Magdalene laundries. While
noting the State party’s apology to the survivors of those laundries and the establishment of
an ex-gratia restorative justice scheme in 2013, it remains concerned that there has been no
prompt, thorough and independent investigation into the allegations regarding the
Magdalene laundries and that the survivors have not been given adequate remedies (art. 7).
The Committee recommends that the State party conduct a prompt, thorough
and independent investigation into these allegations, bring those responsible to justice
and provide all victims with effective remedies.
Right to collective bargaining
19.
The Committee reiterates its concern about the obstacles imposed by the State party
with respect to the right to collective bargaining of trade unions, through the requirement on
collective bargaining licences. It is also concerned that the Industrial Relations
(Amendment) Bill 2015 does not propose any change in terms of collective bargaining
licences.
The Committee recommends that the State party, in its new legislation,
enhance the collective bargaining rights of trade unions and do away with the
requirement to obtain collective bargaining licences.
Social security
20.
The Committee is concerned at the large number of social welfare appeals owing to
the lack of clear understanding and consistent application of the eligibility criteria. It is also
concerned that a considerable number of initial decisions on these appeals have been
revoked (art. 9).
Bearing in mind that social welfare benefits provide a social safety net to the
most disadvantaged and marginalized, the Committee recommends that the State
party clarify the eligibility criteria regarding social welfare benefits as well as their
application so as to avoid a large number of appeals. It also recommends that initial
decisions on social welfare appeals be made in a consistent and transparent manner
and that appropriate training be provided to the public officers who make such
decisions.
Habitual residence condition
21.
The Committee is concerned at the discriminatory effect of the habitual residence
condition on women who are victims of domestic violence, the homeless, migrants,
Travellers and Roma in accessing social security benefits. It is also concerned at the lack of
understanding of and clear guidelines for the relevant officials on the criteria applicable to
decide on the condition (art. 9).
The Committee recommends that the State party review the habitual residence
condition so as to eliminate its discriminatory impact on access to social security
benefits, particularly among disadvantaged and marginalized individuals and groups,
and ensure the consistent application of the criteria by providing clear guidelines and
training to the relevant officials.
6