Ireland

Section 2. Current legislative and regulatory framework  [pages 13-15]

Business and human rights touch on the policy areas of most government departments. There is a commitment across the whole of government to recognise and meet our commitments to ensure responsible and competitive business practice both in Ireland and internationally.

Internationally, Ireland is held in high regard as a strong and active partner in defending and promoting human rights. In terms of promoting business and human rights, we have taken a forward role at both UN and EU level and we are among the first group of EU member states to put in place a National Plan. Throughout the term of this Plan, we will continue to engage with our EU partners to promote consideration of business and human rights in EU decision-making. We will also continue to be an active partner at the UN level, including through annual participation in the UN Forum on Business and Human Rights in Geneva.

Workers’ Rights

Ireland is strongly committed to the protection and promotion of both domestic and migrant workers’ rights through national and international legislation, with a robust body of employment rights legislation which provides employees with a means for redress in cases where their employment rights have been breached. In 2017, Ireland has taken up, for the first time, a titulaire seat on the governing Body of the International Labour Organization (ILO). During its term, Ireland will maintain and promote its commitment to human rights and will work to enhance the profile of business and human rights in the framework of the ILO.

Anti-corruption

In recent years, united Nations and regional organisations have increasingly recognised the negative impacts of corruption on the enjoyment of human rights. Moreover, the treaty bodies and special procedures of the united Nations human rights system have regularly identified corruption as a critical factor contributing to the failure of states to satisfy their human rights obligations. The most recent peer review of Ireland’s implementation of the OECD anti-Bribery Convention made a number of specific recommendations around awareness raising and reporting. Since that report, the government has introduced the Protected disclosures act 2014, which provides a robust statutory framework within which workers can raise concerns regarding potential wrongdoing in the workplace. Ireland will continue to follow up the recommendations of the report to ensure that we fulfill our Convention commitments.

Equality

The government is committed to promoting equality in all aspects of Irish society. The statutory-based Irish Human Rights and Equality Commission works towards the elimination of discrimination and the promotion of equal opportunities. It is tasked with providing information and advice to persons who consider themselves discriminated against on any of the nine grounds in employment or non-employment situations. Recent positive developments on equality issues include the introduction of statutory paternity benefit in 2016 and the launch of a new National strategy for Women and girls in may 2017. Work is also progressing on a new equality/disability (miscellaneous Provisions) Bill. Ireland has been elected, for the first time, to serve on the united Nations Commission on the status of Women for the term 2017-21. This will provide an opportunity to build on Ireland’s international engagement on the full realisation of the rights of women and girls. The government has pledged to work to strengthen the voice and functioning of the Commission and to promote the participation of civil society in its work. Anti-trafficking Combatting human trafficking is an important and fundamental part of the business and human rights agenda. The government is committed to ensuring that people are not exploited or forced to work against their will either in Ireland or by Irish companies operating overseas. In October 2016, the government launched the second National action Plan to Prevent and Combat Human trafficking. The plan contains 65 actions designed to crackdown on individuals and gangs involved in the crime, to support victims, to raise public awareness, and to enhance training for those likely to encounter victims.

Data Protection

The office of the data Protection Commissioner (DPC) is responsible for upholding the general principle that individuals should be in a position to control how data relating to them is used. The Commissioner is also responsible for enforcing obligations upon data controllers. Owing to the significant number of multinational tech companies based in Ireland, Ireland’s data Protection Commissioner has responsibility for oversight of a large amount of data and has been involved in some high profile cases. The government is committed to supporting the data Commissioner in their role and, over recent years, has provided a fourfold increase in the funding for the work of the Commission.

Environment

The government prioritises the right of citizens to enjoy a safe environment and the responsibility of businesses to comply with environmental protection legislation. Ireland has transposed key EU directives, such as EU Directive 2004/35/EC which deals with environmental liability with regard to the prevention and remedying of environmental damage. Consistent with the government’s priority of ensuring inclusive and open participation in policy making, Ireland has also ratified the Aarhus Convention, which is designed to promote the involvement of citizens in environmental matters and improve enforcement of environmental law.

Supply Chain

Exploitation or corruption along the supply chain can have major negative reputational impacts for companies and states. The government supports the proposal by the European Commission for an EU Council Regulation which provides for the establishment of an EU-wide system for supply chain due diligence of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas. The main objective of this proposal is to help reduce the financing of armed groups and security forces through mineral proceeds in conflict-affected and high-risk areas by supporting and further promoting responsible sourcing practices of EU companies. Of course, supply chain diligence is not limited to the extractive industries and areas of conflict. Irish expertise has also been commissioned by multi-national corporations and technical cooperation programmes to undertake third party audits in the context of supply chain due diligence on factory standards. The design and implementation of a long-term building inspection and enforcement regime for all buildings in Bangladesh has, for example, been greatly assisted by Irish engineering expertise. Where possible, including through our overseas development assistance, the government will look to support such initiatives.

Procurement

Public procurement in Ireland is governed by EU and national law and national guidelines. The office of government Procurement is committed to ensuring that human rights related matters are reflected in public procurement and embedded in national public procurement policy. The EU treaty principles of equal treatment and non-discrimination, transparency, mutual recognition, proportionality, free movement of goods and services and the right of establishment must be observed in all tenders. Most recently, the 2014 EU directives on Public Procurement, which have been transposed into Irish law contain specific provisions excluding tenderers who are guilty of certain human rights infringements from participation in public procurement. Extensive general guidance on legal procurement requirements is available to public authorities on the Irish portal for public procurement.

Non-financial reporting

The EU directive on disclosure of non-financial and diversity information (2014/95/EU) 9 entered into force in December 2014. It requires certain companies known as ‘public interest entities’ to include a declaration in their annual management report containing information stating material data related to the environment, social affairs, human rights, and prevention of corruption. This directive will shortly be transposed into Irish law.

Section 3. Actions

II. Initial priorities for the Business and Human Rights Implementation Group

The State Duty to Protect Human Rights [page 18]

• Develop a practical toolkit on business and human rights for public and private entities within 12 months to assist them in their human rights due diligence.
• Ensure that relevant public servants are made aware of their obligation to report suspected cases of bribery under the OECD Convention on Foreign Bribery.
• Provide clarity to relevant stakeholders on the applicable Irish law, reporting channels and protections for whistle-blowers/protected disclosures.

The Corporate Responsibility to Respect Human Rights [page 19]

• Encourage business representative bodies to provide examples, templates and case studies to help support companies in their efforts to develop human rights focused policies and reporting initiatives.
• Create a fact sheet on the OECD anti-Bribery Convention, the criminal offences in Irish law on bribery, the reporting systems in place for reporting suspicions of foreign corruption and the protections provided by the Protected disclosures act to be distributed by enterprise Ireland to all Irish companies engaged in trade missions
• Encourage companies and NGOs funded by the state to carry out human rights due diligence as appropriate to their size, the nature and context of operations and the severity of the risk of adverse human rights impacts.
• Encourage and facilitate the sharing of best practice on human rights due diligence, including effective supply chain audits.

Annex 1 – list of additional and ongoing actions to be carried out across government

Domestic Framework [page 20]

• Transpose the EU directive on disclosure of Non-financial and diversity information (2014/95/EU) into Irish law.

Enact the mediation Bill.

Development Cooperation [page 21]

Promote the inclusive economic growth policy priority set out in “one World, one Future: Ireland’s Policy for international development”, by encouraging and supporting partner governments to ensure that business and economic regulation and legislation implements national and international commitments to human rights such as those relating to gender equality – in particular promoting women’s access to formal employment, decent work, and the rights of marginalised groups.