Paul Murphy flags EWC law gaps and Russian vessel concerns
Paul Murphy spoke on 9 May 2023 about European Works Councils and maritime security, pressing the Government to ensure Irish law meets EU standards and to monitor foreign vessels operating in Ireland's exclusive economic zone. He urged a code of practice for European works councils, highlighted a WRC case on training costs, and outlined the Government's view on trade sanctions and investment mandates while raising a detainee health case in Iran.
European works councils concerns
Ireland is now the third country in Europe in terms of the number of European works councils based here. After Brexit a large number of companies moved their EWCs to Ireland, meaning millions of workers are affected by how EWCs operate domestically.
EU directive and formal notice
The European Commission has found that Irish legislation on European works councils, particularly in relation to disputes, does not meet the EU directive and has sent a formal notice to the Government. Paul Murphy asked what steps the Government will take to bring legislation into line and whether it will introduce a code of practice for EWCs as exists in other European countries.
WRC case and training costs
A significant first case taken to the WRC last week highlighted shortcomings in the legislation. One conclusion was that an EWC chairperson effectively shouldered half the cost of training, contrary to the principle that the company should fund training and other EWC-related costs.
Maritime monitoring and subsea cables
On questions about Russian vessels, Murphy noted the ships are in international waters but operating in Ireland's exclusive economic zone and are being monitored by the Navy and Air Corps with EU cooperation and satellite information. He raised concerns about subsea telecommunication cables and possible interference if hostilities escalate, while emphasising there is no evidence yet of hostile acts.
Trade sanctions, ISIF remit and detainee in Iran
He set out the Government's view on the Occupied Territories Bill that trade is an exclusive EU competence and unilateral national trade sanctions could breach treaties. Murphy said legislation has been passed to prevent the investment fund from investing in fossil fuels and that any further remit changes should not single out particular countries but be considered in the round. He also confirmed the Department of Foreign Affairs is working on the case of Mr Phelan, who is detained in Iran and is in poor health, urging a humanitarian approach.
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Ireland is now the third country in Europe in terms of the number of European works councils that are based here, a requirement under EU law for major corporations to have councils for effectively consultation and discussion with their employees. After Brexit, a huge number of companies have moved their European works councils to here. Therefore, millions literally of workers are affected by how EWCs are operated here. In recent weeks, we have seen big layoffs from tech multinationals. We have seen the danger that Ireland will become used as a Wild West with regards to workers' rights and as part of a race to the bottom affecting workers here, but also workers across Europe. The European Commission has found that our legislation here in relation to European works councils, particularly in relation to disputes, does not live up to the EU directive. They have sent a formal notice to that effect to the Government. What is the Government doing to ensure that our legislation does meet EU standards, particularly allowing for disputes to be taken by European works councils? There was a significant first case taken to the WRC last week which highlighted many issues in relation to our legislation. One conclusion was that there should be a code of practice in place on European works councils. Will the Government commit to introducing such a code of conduct as exists in many other European countries? Another conclusion of the decision was that the chairperson of the EWC was effectively shouldered with half of the cost of training themselves, going against the whole basic principle, which is that it is the company that is to pay for training and other things to do with the EWC. I want to thank the deputies for further questions. Deputy Hawley raised the issue of Russian vessels that are operating off our coast. These vessels are in international waters rather than territorial waters, so they are permitted to be there, but they are operating in our exclusive economic zone, which is of particular importance to us. They are being monitored both by the Navy and by Air Corps. We cooperate with our EU allies and have access to satellite information as well. As deputies will have pointed out, there are a lot of subsea telecommunication cables that run on the seabed in our exclusive economic zone. I know there is concern that they could interfere with if there is an escalation of hostilities between Europe and Russia, particularly in the context of the damage to the Nord Stream pipelines, but it is just a concern at this stage. We have no evidence as yet of any hostile act. It is a situation that has to be monitored carefully, but I think it is important that we do not escalate it ourselves, because it is a concern that we have. We are monitoring the situation, but again, we have no evidence yet of any hostile acts from the Russian forces or Russian vessels in relation to Ireland. In relation to the trade matters raised by Deputy MacDonald, I will have to seek advice on what the implications of that European decision are for Ireland, and I will certainly do that. I have read about it in the papers, but I have not seen anything formally in terms of a briefing as yet. When it comes to the Occupied Territories Bill, our view as a Government is that trade is an exclusive EU competence, and any trade sanctions imposed on any country should be done at European level, and not unilaterally by Ireland as a member state. Indeed, it may even be a violation of the treaties, and there was advice from a previous AG on that. The issue of the mandate of ISAF, the Irish Strategic Investment Fund, was also raised by deputies. I know legislation has been passed to prevent ISAF from investing in fossil fuels, for example. I am not sure if any legislation exists in terms of its remit with respect to other countries, but I have to check up with Minister McGrath on that. But I think that if we do make it part of its mandate, I do not think we are righteous to target any one country. You would have to look at it in the round and make sure that, if its mandate prevents it from investing in some countries or parts of some countries, that we do not single out any particular country, that we look at things in the round and maybe have a list. I do not know enough about the detail of his investments to comment any further, but I will certainly let Minister McGrath know that it was raised here. In terms of the European Works Councils, I received some briefings on that and had some correspondence with IC2. In my former role as Minister for Enterprise Trade and Employment, things may have moved on a bit since then. The file is now being handled by Minister Richmond. I let him know that it was raised here and asked him to come back to deputies by correspondence. In relation to Mr Phelan being detained in Iran, I am very much aware of the case. I know the Department of Foreign Affairs is working on it, doing all that we can to ensure that that man is released as soon as possible. I know that he is in poor health and very concerned about that. But again, Iran, as deputies will know, is not the friendliest regime to Ireland at the moment and vice versa. But we are doing anything we can and we really hope that they will see this as a humanitarian issue and set aside politics in the interests of a man who is very sick and needs to get home to his family. Thank you for joining us today. I have heard a lot of the men who are really worried about how to get home to his family.
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