The Social Partnership Agreement (SPA) in Ireland
- Responsible Organizations: The Department of the Prime Minister (Taoiseach) (Government); Irish Business and Employers Confederation/Construction Industry Federation (IBEC/CIF); Irish Congress of Trade Unions (ICTU)
- ILO Regions: Europe
- Country(ies): Ireland
- Theme(s): Management of labour migration
- Start date: 1987; End date: 2015
Objective
The main objective of the Social Partnership Agreement is to maintain and develop the process of national social dialogue in a series of national industrial relations issues, among which labour migration management.
Funding sources
- The Secretariat for the implementation of the Social Partnership Agreement is financed by the Department of the Prime Minister.
Description
Activities, processes and steps involved
As one of the ten Special Initiatives to be undertaken during the duration of the Social Partnership Agreement (2003-2005), the Government and the social partners agreed on the desirability for the development of a comprehensive policy framework on migration (immigration and emigration) comprising a public awareness programme to address racism, a medium-term economic migration policy and a long-term approach to emigrants and their needs. An agreed action plan comprised actions in the following fields.
- Immigration and Labour Market Co-ordination
- Racism in the Workplace
- Review of Employment Agency Act, 1971
Target beneficiaries
Immigrants living in Ireland as well as Irish emigrants abroad.
Partnerships (e.g. inter-ministerial, social partners, migrant and community groups, NGOs, etc.)
The National Implementation Body of the SPA is tripartite and work in consultation with the civil society.
Main outputs
The main outputs achieved under the 2003-2005 Social Partnership Agreement were:
Legislation
- The Equality Act 2004, which was signed into law by the President on 18 July 2004, amends the Employment Equality Act 1998 and the Equal Status Act 2000, to implement three EU Directives, the Race Directive (2000/43/EC), the Framework Employment Directive (2000/78/EC) and the Gender Equal Treatment Directive (2002/73/EC).
- Act 2003 has been drafted on the basis of extensive consultation to provide fair and sensible immigration policies to meet the changing needs of Irish society. The Employment Permits Act 2006 was signed into law in June 2006.
Knowledge base
- A consultation document ¿Immigration and Residence in Ireland¿ was launched in April 2005 by the Department of Justice, Equality & Law Reform. The document outlines policy proposals for an Immigration and Residence Bill.
- A study on Migration Policy by the National Economic and Social Council (NESC) was released .It developed an understanding of the factors that drive migration and of its economic and social implications.
- Consequently there were held two workshops in the NESC Offices. They were entitled as follows:
1. Workshop 1 ¿ Economic Effects of Migration: Implications for Policy
2. Workshop 2 ¿ Social Effects of Migration: Implications
Each workshop was in two parts, the first involving Government Officials and Public Agencies; and the second involving NGOs, Trade Unions and other organizations.
International Commitment
- Ireland has ratified the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD).
- Ireland plays a central role in international legal instruments such as the European Convention on Human Rights (ECHR), the Council of Europe Framework Convention for the Protection of National Minorities, the Amsterdam Treaty, the EU Charter of Fundamental Rights and the Racial Equality Directive.
Strategic Initiatives
- The National Action Plan Against Racism (NPAR) and the setting up of a Strategic Monitoring Group by the Minister for Justice, Equality & Law Reform to oversee the implementation of the plan (2005-2008).
- The Anti Racist Workplace Week Initiative, a joint venture between The Equality Authority, Dept. Justice, Equality & Law Reform, IBEC, ICTU, CIF, Small Firms Association, Irish Farmers Association (IFA), Chambers of Commerce of Ireland and the Equality Commission of Northern Ireland.
- Supporting Events linked to the International Day Against Racism and the European Week Against Racism around March 21st.
- In March of 2005, the Irish Government approved the establishment of a new Irish Naturalisation and Immigration Service (INIS) within the Department of Justice, Equality and Law Reform.
- A comprehensive Cultural Diversity strategy and action plan was launched by the National Tourism Authority (Fáilte Ireland), in April 2005.
- The Department of Enterprise, Trade and Employment and the parties to the Pay Agreement have been engaged in consultation at a national level regarding aspects of economic migration.
Relevant criteria for assessment
1. Respect for migrant workers¿ rights
Core labour standards and employment rights are integral to the 2006 Irish migration policy (Chapter 9 of the Migration Policy Report is dedicated to the importance of labour standards). The migration policy reflects its obligations under the Universal Declaration of Human Rights and the International Covenant on Economic and Social Rights and its commitment to the EU Charter of Fundamental Rights. Further, the Employment Rights and Industrial Relations Unit of the Department of Enterprise, Trade and Employment liaises with other Departments and other Sections within this Departmentand with the social partners (ICTU and IBEC) to ensure compliance of the ILO Conventions and other ILO issues. Ireland has ratified the Forced Labour Convention (C.29), the Freedom of Assocation and Proection of Rights Convetion (C.87), the Discrimination (Employment and occupation) Convention (C.111), the Equality of Treatment Convention (C.118), among others.
2. Relevance
Significant progress has been made in raising the profile of migration and intercultural issues in Ireland. Publication of the National Action Plan against Racism, improved education facilities to cater for increased cultural diversity and improved conditions for migrant workers have been promoted through the Migration and Interculturalism Special Initiative.
3. (Positive) Impact
An improved consultation and dialogue on labour migration management ensures industrial relations peace and stability, modernization of the workplace and improvement of enterprises performance and service delivery. Potential for replication and extension (adaptability): Social dialogue mechanisms already exist in most of the labour migration receiving countries therefore the Irish experience could be taken as a good practice to be replicated in the European Union, USA and Canada.
4. Potential for replication and extension (adaptability)
Social dialogue mechanisms already exist in most of the labour migration receiving countries therefore the Irish experience could be taken as a good practice to be replicated in the European Union, USA and Canada.
5. Innovativeness
The Irish Social Partnership Agreement is one of the first experiences of inclusion of social partners in the design of the migration policy to the benefit of the industrial sector and the overall society.
6. Broad based and participatory
The Social Partnership Agreement is a recommendations document prepared by the government and the social partners (IBEC and ICTU). It is the result of different consultations with employers¿, workers¿ and the civil society organisations.
7. Effectiveness
The objective of strengthening national social dialogue in migration management was successfully reached during the Social Agreement Partnership 2003-2005 through implementation of a series of directive towards immigration policies and concrete initiative to raise awareness on protection of migrant workers¿ rights, against discrimination and racism.
Contacts
References
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