Ireland
NAP Development Process
Status
Process
The Government of Ireland announced in October 2013 that ‘[c]onsideration is being given as to how to address the Guiding Principles and how best to go about formulating our national action plan for their implementation’.
In June 2014, the Government of Ireland confirmed that it was ‘strongly committed to the implementation of the UN Guiding Principles on Business and Human Rights and is currently developing its approach on how best to formulate a National Plan to implement them’.
The Human Rights Unit of the Department of Foreign Affairs and Trade has led the development of the National Plan and has worked closely with Government Departments, State Agencies, business enterprises and civil society.
No timeline was developed and shared with stakeholders to guide the drafting process.
In October 2016, the Department of Foreign Affairs and Trade stated that the NAP was due in ‘the first quarter of 2017’. Ireland’s National Action Plan on Business and Human Rights was approved by Government in July 2017 and was launched on the 15th November 2017 by Minister for Foreign Affairs and Trade Simon Coveney.
In June 2021, an independent report “Review of Access to Remedy in Ireland“, commissioned by the Department of Foreign Affairs under the auspices of the National Plan on Business and Human Rights 2017-2020, was published. Its purpose is to evaluate how best to ensure remedy for potential victims of human rights abuses by companies domiciled in Ireland, with a focus on legal, procedural, or financial barriers. It included consideration of those who face additional barriers to remedy, including women. It was conducted against the background of Ireland’s existing international human rights law obligations, and the UN Guiding Principles on Business and Human Rights.
Stakeholder Participation
The Department of Foreign Affairs and Trade’s annual NGO Forum, which took place in November 2014, focused on the theme of “Business and Human Rights” and, specifically, on the implementation of the UN Guiding Principles. The Forum was the first step in the process of the development of the National Plan.
The Department of Foreign Affairs and Trade hosted a workshop with business and civil society representatives in February 2015. A public consultation also took place which invited preliminary submissions from interested parties up until 1 March 2015. Over 30 submissions were received from civil society and the business community. No stakeholder events were held outside of Dublin.
Following consultation with business, civil society organisations and Government Departments, a Working Outline of the National Plan was published in December 2015.
A consultation event on the Working Outline was hosted by the Department of Foreign Affairs and Trade on 22 January 2016. Written submissions on the Working Outline were received, and further consultations took place in 2016 and early 2017.
The Department of Foreign Affairs and Trade published the responses.
National Baseline Assessment (NBA)
In March 2019, the Irish Government published its baseline assessment assessing legislative and regulatory frameworks for business and human rights in Ireland. The report addresses national issues of worker’s rights, anti-corruption, equality, anti-trafficking, data protection, environment, non-financial reporting, procurement and supply chain.
The assessment was conducted by ReganStein and Leading Edge Group over a 90-day period, using the guiding questions published by the Danish Institute for Human Rights combined with the National Plan.
Follow-up, monitoring, reporting and review
Ireland’s NAP commits the Department of Foreign Affairs and Trade to:
- “Establish a ‘Business and Human Rights implementation group’, which will consist of representatives from government, the business community and civil society, and will meet twice a year to review the implementation of the National Plan over the first three years ” with “Membership to be announced within three months of publication of the National Plan”
- “Convene a forum on Business and Human Rights within two years of the adoption of the National Plan. This will bring together stakeholders including government, the business community and civil society and will facilitate the exchange of views on progress in delivering on the National Plan … Within two years of publication of the National Plan”
- “Amend the terms of reference of the interdepartmental Committee on Human Rights to include the monitoring of the National Plan” to be achieved “Concurrent with the publication of the National Plan”
- “Include Business and Human Rights as a regular item on the agenda of the DFAT NGO Standing Committee on Human Rights” to be achieved “Concurrent with the publication of the National Plan”
Established in early-2018, the Business and Human Rights Implementation Group had its first meeting on 16 January 2019. At the meeting, the Minister for Foreign Affairs and Trade, Simon Coveney reaffirmed the Government’s commitment to protecting and promoting human rights both at home and overseas and emphasised: “Compliance with international standards on human rights is no longer seen as impeding development or undercutting success. Instead, policies and strategies which show due regard to human dignity should be seen as fostering prosperity.”
Stakeholders views and analysis on the NAP
- Department of Foreign Affairs and Trade: Website on the National Action Plan on Business and Human Rights
- Business and Human Rights in Ireland blog:
Additional Resources
Explore NAP by Issue
Other international initiatives [page 10] “The Recommendation elaborates on access to judicial remedy, drawing on Council of Europe expertise and legal standards and puts special emphasis on the additional protection needs of … children …” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “The State Duty to Protect Human Rights … vii. Promote awareness of relevant multi-stakeholder and multilateral initiatives such as the UN Global Compact, the Principles for Responsible Investment and the Children’s Rights and Business Principles among State owned or controlled companies.” Supply Chain [page 15] “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. EU and Multilateral Efforts [page 20] “6. Support the implementation of the Regulation establishing 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.” Trade and Investment [page 21] “18. Provide advice to business enterprises of the possible risks of human rights situations when operating in conflict affected areas.” The Irish NAP makes no direct reference to the construction sector. Development Cooperation to [page 21] “21. Support developing countries to improve their business and investment environment and continue to promote transparent, accountable and effective governance systems, rule of law, and equitable and inclusive economic growth, including transforming economic opportunities and outcomes for women and girls.” I. Key commitments to ensure policy coherence across Government [page 16] “Ensure coherence between the National Plan on Corporate social Responsibility and the National Plan on Business and Human Rights, including by promoting cooperation between the Business and Human Rights implementation Working Group and the Corporate Social Responsibility Stakeholder Forum” The Irish NAP also provides information on due diligence (see the section on Due Diligence), and corruption (see the section on Corruption) Anti-Corruption [page 13] “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 fulfil our Convention commitments.” Supply Chain [page 15] “Exploitation or corruption along the supply chain can have major negative reputational impacts for companies and States.” Non-financial reporting [page 15] “The EU Directive on disclosure of non-financial and diversity information (2014/95/EU) 9 entered into force in December 2014. Iit 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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18-19] “ii. Ensure that relevant public servants are made aware of their obligation to report suspected cases of bribery under the OECD Convention on Foreign Bribery. xii. 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.” 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. The Irish NAP does not make an explicit reference to Development Finance Institutions. 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. 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. The Irish NAP makes no direct reference to Export Credit. Supply chain [page 15] “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.” EU and Multilateral Efforts to [page 20] “5. Continue to participate in the Kimberley Process Certification scheme and support the scheme’s stewardship by the European Commission. 6. Support the implementation of the Regulation establishing 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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 19] “xv. Review how best to ensure remedy for potential victims overseas of human rights abuses by Irish companies, with a focus on barriers to justice, including legal, procedural or financial barriers.” Trade and Investment [page 21] “19. Ensure awareness of the International Finance Corporation (IFC) performance standards among state owned companies that invest in or manage projects, outside of OECD high income countries, which exceed the euro equivalent of US$10 million.” The Irish NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. Anti-trafficking [page 14] “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.” The Irish NAP makes no direct reference to freedom of association. The Irish NAP does not make a direct reference to the Garment sector. Equality [page 14] “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.” I. Key commitments to ensure policy coherence across Government [page 17] “Ensure coherence between the implementation of the National Plan on Business and Human Rights and Ireland’s National Action Plan on Women, Peace and Security” Development Cooperation [page 21] “20. 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. 21. Support developing countries to improve their business and investment environment and continue to promote transparent, accountable and effective governance systems, rule of law, and equitable and inclusive economic growth, including transforming economic opportunities and outcomes for women and girls.” Other international initiatives [page 11] “The International Labour Organisation (ILO) Tripartite Declaration on Multinational Enterprises and Social Policy provides direct guidance to enterprises on social policy and inclusive, responsible and sustainable workplace practices.” Anti-trafficking [page 14] “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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “i. 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 iii. Encourage and support awareness of effective human rights due diligence by State owned or controlled companies. iv. Encourage and support effective human rights due diligence in the context of State support to business and NGOs. vi. Provide clarity to relevant stakeholders on the applicable Irish law, reporting channels and protections for whistle-blowers/protected disclosures. vii. Promote awareness of relevant multi-stakeholder and multilateral initiatives such as the UN global Compact, the Principles for Responsible investment and the Children’s Rights and Business Principles among state owned or controlled companies. viii. 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. xi. Encourage and facilitate the sharing of best practice on human rights due diligence, including effective supply chain audits. xii. 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.” Trade and Investment [page 21] “11. Provide information to participants in overseas trade missions led by Government representatives on human rights issues in the destination countries. 12. Ensure that State agencies and staff involved in promoting two-way trade and investment have received briefing and guidance on the purpose and implementation of the UN Guiding Principles. 13. Provide up to date guidance on the protection of human rights defenders working in the area of business and human rights through the circulation of Human Rights Defenders Guidelines to all Embassies. 14. Provide information from Embassies, working in cooperation with state agencies as appropriate, to Irish companies on business and human rights issues in their host countries.18. Provide advice to business enterprises of the possible risks of human rights situations when operating in conflict affected areas.” The Irish NAP does not make an explicit reference to health and social care. Other international initiatives [page 10] “In March 2016, the Council of Europe adopted a Recommendation to assist Member States in preventing and remedying human rights violations by business enterprises. The II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “vi. Provide clarity to relevant stakeholders on the applicable Irish law, reporting channels and protections for whistle-blowers/protected disclosures.” Trade and Investment [page 21] “13. Encourage Irish companies operating abroad to adopt good practice with regards to consultation with human rights defenders and civil society in local communities, particularly on environmental and labour conditions. 15. Provide up to date guidance on the protection of human rights defenders working in the area of business and human rights through the circulation of Human Rights Defenders Guidelines to all Embassies.” Supply Chain [page 15] “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.” II: Initial priorities for the Business and Human Rights Implementation Group [page 18] “i. 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 iii. Encourage and support awareness of effective human rights due diligence by State owned or controlled companies. iv. Encourage and support effective human rights due diligence in the context of State support to business and NGOs. vii. Promote awareness of relevant multi-stakeholder and multilateral initiatives such as the UN global Compact, the Principles for Responsible investment and the Children’s Rights and Business Principles among state owned or controlled companies. ix. 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. xi. Encourage and facilitate the sharing of best practice on human rights due diligence, including effective supply chain audits” EU and Multilateral Efforts [page 20] “6. Support the implementation of the Regulation establishing 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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “ix. 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.” EU and Multilateral Efforts [page 20] “7. Continue to take account of the human rights elements of European Commission impact assessments when providing input in the course of Free Trade Agreement (FTA) negotiations and support the appropriate implementation of human rights clauses in FTAs as they arise in EU Agreements.” The Irish NAP makes no direct reference to the ICT sector. Data Protection [page 14] “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.” Other international initiatives In March 2016, the Council of Europe adopted a Recommendation to assist Member States in preventing and remedying human rights violations by business enterprises. The Recommendation elaborates on access to judicial remedy, drawing on Council of Europe expertise and legal standards and puts special emphasis on the additional protection needs of workers, children, indigenous people and human rights defenders. It also recommends a review of implementation of the Recommendation by the Member States within five years of its adoption, with the participation of relevant stakeholders. “I believe that the protection of human rights and the promotion of economic growth, trade and investment should be complementary and mutually reinforcing” I. Key commitments to ensure policy coherence across government [page 17] “Ensure coherence between Ireland’s new Trading Strategy: ‘Ireland Connected: Trading and Investing in a Dynamic World’ , and the National Plan on Business and Human Rights” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “vii. Promote awareness of relevant multi-stakeholder and multilateral initiatives such as the UN Global Compact, the Principles for Responsible Investment and the Children’s Rights and Business Principles among state owned or controlled companies.” EU and Multilateral Efforts [page 20] “7. Continue to take account of the human rights elements of European Commission impact assessments when providing input in the course of Free Trade Agreement (FTA) negotiations and support the appropriate implementation of human rights clauses in FTAs as they arise in EU agreements.” Trade and Investment [page 21] “11. Provide information to participants in overseas trade missions led by Government representatives on human rights issues in the destination countries. 12. Ensure that State agencies and staff involved in promoting two-way trade and investment have received briefing and guidance on the purpose and implementation of the UN Guiding Principles. 13. Encourage Irish companies operating abroad to adopt good practice with regards to consultation with human rights defenders and civil society in local communities, particularly on environmental and labour conditions. 15. Provide up to date guidance on the protection of human rights defenders working in the area of business and human rights through the circulation of Human Rights Defenders Guidelines to all Embassies. 16. Provide information from Embassies, working in cooperation with state agencies as appropriate, to Irish companies on business and human rights issues in their host countries. 18. Provide advice to business enterprises of the possible risks of human rights situations when operating in conflict affected areas. 19. Ensure awareness of the International Finance Corporation (IFC) performance standards among state owned companies that invest in or manage projects, outside of OECD high income countries, which exceed the euro equivalent of US$10 million.” Development Cooperation [page 21] “21. Support developing countries to improve their business and investment environment and continue to promote transparent, accountable and effective governance systems, rule of law, and equitable and inclusive economic growth, including transforming economic opportunities and outcomes for women and girls.” Read more about Investment treaties & investor-state dispute settlements Other international initiatives [page 10] “In March 2016, the Council of Europe adopted a Recommendation to assist Member States in preventing and remedying human rights violations by business enterprises. The Recommendation elaborates on access to judicial remedy, drawing on Council of Europe expertise and legal standards and puts special emphasis on the additional protection needs of workers, children, indigenous people and human rights defenders.” Environment [page 14] “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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 19] “xiii. Engage with business representative bodies to promote and strengthen mediation as a viable option when businesses and their stakeholders are engaged in disputes. xiv. Introduce a standing agenda item to explore international best practice and principles governing the development of operational level grievance mechanisms for individuals and communities who may be adversely impacted to make it possible for grievances to be addressed early and remediated directly. xii. 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. xv. Review how best to ensure remedy for potential victims overseas of human rights abuses by Irish companies, with a focus on barriers to justice, including legal, procedural or financial barriers.” Domestic Framework [page 20] “2. Enact the Mediation Bill.” The Irish NAP makes no direct reference to land. Workers’ Rights [page 13] “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 Organisation (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.” Equality [page 14] “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.” Read more about National Human Rights Institutions/ Ombudspersons Non-financial Reporting [page 15] “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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18-19] “viii. 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. x. Encourage engagement with human rights reporting standards, such as the UN Guiding Principles Reporting Framework, the Global Reporting Initiative or the Business Working Responsibly Mark. Domestic Framework [page 20] “1. Transpose the EU directive on Disclosure of Non-financial and Diversity Information (2014/95/EU) into Irish law.” II. Initial priorities for the Business and Human Rights Implementation Group [page 19] “xiv. Introduce a standing agenda item to explore international best practice and principles governing the development of operational level grievance mechanisms for individuals and communities who may be adversely impacted to make it possible for grievances to be addressed early and remediated directly. Domestic Framework [page 20] “3. Facilitate mediation where appropriate in the OECD National Contact Point grievance procedures for cases arising under the OECD Multinational Guidelines following the publication of national procedures to give effect to the Guidelines.” Data Protection [page 14] “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.” Domestic Framework [page 20] “3. Facilitate mediation where appropriate in the OECD National Contact Point grievance procedures for cases arising under the OECD Multinational Guidelines following the publication of national procedures to give effect to the Guidelines.” The Irish NAP makes no explicit reference to Persons with Disabilities. II. Key commitments to ensure policy coherence across government [page 16-17] “As demonstrated in the previous section, there is already a considerable and continuous effort across government to promote human rights and to encourage or enforce positive action from the private sector. The following commitments form a central part of formalising and consolidating these efforts. EU and Multilateral Efforts [page 20] “9. share information about challenges and good practices on business and human rights with partners in the EU and the UN, including promoting coherence in the implementation of the EU’s Action Plan on Human Rights and Democracy (2015-2019) and the EU’s Gender Action Plan (2016-2020).” The Irish NAP does not make an explicit reference to privatisation. Procurement [page 15] “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. (Irish Portal for Public Procurement: http://etenders.gov.ie) Trade and Investment [page 21] “14. Under the aegis of the office of Government Procurement, continue to follow good practice on procurement and human rights standards in all Requests for Tenders, in line with EU law.” Supply Chain [page 15] “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.” I. Key commitments to ensure policy coherence across government [page 17] “Ensure coherence between the implementation of the National Plan on Business and Human Rights and Ireland’s National Action Plan on Women, Peace and Security.” The UN Guiding Principles on Business and Human Rights – Protect, Respect & Remedy [page 8] The UN Guiding Principles on Business and Human Rights “are intended to apply to all business enterprises, both transnational and local, regardless of size, sector, location and ownership or structure.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “ix. 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.” iii. Encourage and support awareness of effective human rights due diligence by state owned or controlled companies. vii. Promote awareness of relevant multi-stakeholder and multilateral initiatives such as the UN global Compact, the Principles for Responsible investment and the Children’s Rights and Business Principles among state owned or controlled companies. Read more about State Owned Enterprises/ Public Private Partnerships “The impact of business activity on the enjoyment of human rights is increasingly recognised. For employees and customers this can be direct and immediate, but other persons may be affected indirectly, for example by supply chain decisions.” Supply Chain [page 15] “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.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “xi. Encourage and facilitate the sharing of best practice on human rights due diligence, including effective supply chain audits.” EU and Multilateral Efforts [page 20] “6. Support the implementation of the Regulation establishing 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 Irish NAP makes no direct reference to tax. The 2030 Agenda for Sustainable Development (“the 2030 agenda”) adopted at a special UN summit in September 2015 sets a global framework for action for poverty eradication and sustainable development and will determine priorities and help guide allocation of resources world-wide over the coming 15 years. The 2030 agenda is universal and all countries will need to implement it, both internally and in their external action. The 17 sustainable development goals (SDGs) and 169 associated targets at the heart of the agenda provide an integrated framework to achieve sustainable development globally. The SDGs of most relevance to the issue of Business and Human Rights are: SDG 1 end poverty in all its forms everywhere SDG 5 achieve gender equality and empower all women and girls SDG 8 Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. The Addis Ababa action agenda forms an integral part of the 2030 Agenda. Together with the means of implementation under each SDG and goal 17 (means of implementation and global Partnership), it sets out the full range of means of implementation – financial and non-financial, public and private, domestic and international, actions and enabling policies – to be mobilised in the context of the global Partnership to achieve the agenda. In March 2016, the Council of Europe3 adopted a Recommendation to assist member states in preventing and remedying human rights violations by business enterprises. The Recommendation elaborates on access to judicial remedy, drawing on Council of Europe expertise and legal standards and puts special emphasis on the additional protection needs of workers, children, Indigenous People and human rights defenders. It also recommends a review of implementation of the Recommendation by the member states within five years of its adoption, with the participation of relevant stakeholders. 4. Promote business and human rights issues in global policy processes within the framework of the 2030 agenda for sustainable development, in particular through sustainable development goals 8, 1 and 5. The Irish NAP does not make an explicit reference to the tourism sector. “I believe that the protection of human rights and the promotion of economic growth, trade and investment should be complementary and mutually reinforcing” I. Key commitments to ensure policy coherence across government [page 17] “Ensure coherence between Ireland’s new Trading Strategy: ‘Ireland Connected: Trading and Investing in a Dynamic World’, and the National Plan on Business and Human Rights.” II. Initial priorities for the Business and Human Rights Implementation Group [page 18] “xii. 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.” EU and Multilateral Efforts [page 20] “7. Continue to take account of the human rights elements of European Commission impact assessments when providing input in the course of Free Trade Agreement (FTA) negotiations and support the appropriate implementation of human rights clauses in FTAs as they arise in EU Agreements.” Trade and Investment [page 21] “11. Provide information to participants in overseas trade missions led by Government representatives on human rights issues in the destination countries. 12. Ensure that State agencies and staff involved in promoting two-way trade and investment have received briefing and guidance on the purpose and implementation of the UN Guiding Principles. 13. Encourage Irish companies operating abroad to adopt good practice with regards to consultation with human rights defenders and civil society in local communities, particularly on environmental and labour conditions. 14. Under the aegis of the Office of Government Procurement, continue to follow good practice on procurement and human rights standards in all Requests for Tenders, in line with EU law. 15. Provide up to date guidance on the protection of human rights defenders working in the area of business and human rights through the circulation of Human Rights Defenders Guidelines to all Embassies. 16. Provide information from Embassies, working in cooperation with state agencies as appropriate, to Irish companies on business and human rights issues in their host countries. 17. Enhance awareness of human rights commitments, ethical business practice and development policy in international business promotion events, as appropriate. 18. Provide advice to business enterprises of the possible risks of human rights situations when operating in conflict affected areas. 19. Ensure awareness of the International Finance Corporation (IFC) performance standards among state owned companies that invest in or manage projects, outside of OECD high income countries, which exceed the euro equivalent of US$10 million.” Other international initiatives [page 11] “The International Labour Organisation (ILO) Tripartite Declaration on Multinational Enterprises and Social Policy5 provides direct guidance to enterprises on social policy and inclusive, responsible and sustainable workplace practices. This global instrument was elaborated and adopted by governments, employers and workers from around the world in 1977 and revised in March 2017. Its principles are addressed to multinational enterprises, governments, and employers’ and workers’ organisations and cover areas such as employment, training, conditions of work and life, and industrial relations as well as general policies.” Anti-Corruption [page 13] “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 fulfil our Convention commitments.” Workers’ Rights [page 13] “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 Organisation (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.” Development Cooperation [page 21] “20. 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.”Children’s rights
Section 1: International Context and Domestic Consultative Process
Section 3: Actions – Initial priorities for the Business and Human Rights Implementation Group
Conflict-affected areas
Section 2: Current Legislative and Regulatory Framework
Annex 1 – List of additional and ongoing actions to be carried out across Government
Construction sector
Corporate law & corporate governance
Annex 1 – List of additional and ongoing actions to be carried out across Government
Section 3: Actions
Corruption
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Data protection & privacy
Section 2. Current legislative and regulatory framework
Data Protection [page 14]
Development finance institutions
Energy sector
The Irish NAP does not make a direct reference to the Energy sector.
Environment & climate change
Section 2. Current legislative and regulatory framework
Environment [page 14]
Annex 1 – list of additional and ongoing actions to be carried out across government
Trade and Investment [page 21]
Equality & non-discrimination
Section 2. Current legislative and regulatory framework
Equality [page 14]
Annex 1 – list of additional and ongoing actions to be carried out across government
Development Cooperation [page 21]
Export credit
Extractives sector
Section 2: Current legislative and Regulatory Framework
Annex 1 – List of additional and ongoing actions to be carried out across Government
Extraterritorial jurisdiction
Section 3: Actions
Finance & banking sector
Annex 1 – List of additional and ongoing actions to be carried out across Government
Fisheries and aquaculture sectors
Forced labour & modern slavery
Section 2: Current legislative and Regulatory Framework
Freedom of association
Garment, Textile and Footwear Sector
Gender & women’s rights
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Guidance to business
Section 1: International Context and Domestic Consultative Process
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Health and social care
Human rights defenders & whistle-blowers
Section 1: International Context and Domestic Consultative Process
Recommendation elaborates on access to judicial remedy, drawing on Council of Europe expertise and legal standards and puts special emphasis on the additional protection needs of … human rights defenders.”Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Human rights due diligence
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government commits
Human rights impact assessments
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
ICT & electronics sector
Section 2: Current legislative and Regulatory Framework
Indigenous peoples
Section 1
international Context and domestic Consultative Process [page 21]
Investment treaties & investor-state dispute settlements
Foreword [page 5]
Section 3: Actions
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Judicial remedy
Section 1: International Context and Domestic Consultative Process
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Land
Migrant workers
Section 2: Current legislative and Regulatory Framework
National Human Rights Institutions/ Ombudspersons
Section 2: Current legislative and Regulatory Framework
Non-financial reporting
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Non-judicial grievance mechanisms
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Section 2: Current legislative and Regulatory Framework
OECD National Contact Points
Annex 1 – List of additional and ongoing actions to be carried out across Government
Persons with disabilities
Policy coherence
Section 3: Actions
Commitment Time Frame Responsible Government Department
Commission a study to conduct a comprehensive baseline assessment of the legislative and regulatory framework pertaining to business and human rights as it applies in Ireland To be completed within six months of publication of the National Plan Foreign Affairs and Trade
Establish a ‘Business and Human Rights Implementation Group’, which will consist of representatives from Government, the business community and civil society, and will meet twice a year to review the implementation of the National Plan over the first three years Membership to be announced within three months of publication of the National Plan Foreign Affairs and Trade
Convene a forum on Business and Human Rights within two years of the adoption of the National Plan. This will bring together stakeholders including Government, the business community and civil society and will facilitate the exchange of views on progress in delivering on the National Plan Within two years of publication of the National Plan Foreign Affairs and Trade
Amend the terms of reference of the Inter-Departmental Committee on Human Rights to include the monitoring of the National Plan Concurrent with the publication of the National Plan Foreign Affairs and Trade
Include Business and Human Rights as a regular item on the agenda of the DFAT Ngo standing Committee on Human Rights Concurrent with the publication of the National Plan Foreign Affairs and Trade
Ensure coherence between the National Plan on Corporate Social Responsibility and the National Plan on Business and Human Rights, including by promoting cooperation between the Business and Human Rights implementation Working Group and the Corporate Social Responsibility Stakeholder Forum The CSR Plan was launched on 26 June 2017 Foreign Affairs and Trade, Enterprise and Innovation
Ensure coherence between the implementation of the National Plan on Business and Human Rights and Ireland’s National Action Plan on Women, Peace and security Current Action Plan runs until 2018 Foreign Affairs and Trade
Ensure coherence between Ireland’s new trading strategy: ‘Ireland Connected: trading and investing in a Dynamic World’, and the National Plan on Business and Human Rights Concurrent with the publication of the National Plan The Departments of Foreign Affairs and Trade, Enterprise and Innovation, Education and Skills, Transport, Tourism and Sport, Community and Rural affairs, Arts, & Heritage & the Gaeltacht, Agriculture, Fisheries and Marine
Annex 1 – List of additional and ongoing actions to be carried out across Government
Privatisation
Public procurement
Section 2: Current legislative and Regulatory Framework
Annex 1 – List of additional and ongoing actions to be carried out across Government
Security sector
Section 2: Current Legislative and Regulatory Framework
Section 3: Actions
Small & medium-sized enterprises
Section 1: International Context and Domestic Consultative Process
Section 3: Actions
State Owned Enterprises/ Public Private Partnerships
Section 3:
Actions
Initial priorities for the Business and Human Rights implementation group
The State Duty to Protect Human Rights [page 18]
Supply chains
Foreword [page 5]
Section 2: Current legislative and Regulatory Framework
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Taxation
The 2030 Agenda for Sustainable Development
Section 1
International context and domestic consultative process
Other international initiatives [page 10]
Annex 1 – list of additional and ongoing actions to be carried out across government
EU and Multilateral Efforts [page 20]
Tourism sector
Trade
Foreword [page 5]
Section 3: Actions
Annex 1 – List of additional and ongoing actions to be carried out across Government
Workers’ rights
Section 1: International Context and Domestic Consultative Process
Section 2: Current legislative and Regulatory Framework
Annex 1 – List of additional and ongoing actions to be carried out across Government
