EWCs: MEPs question Commission over Irish law

Two MEPs, Gabriele Bischoff and Dennis Radtke, are attempting to intensify European scrutiny of Irish EWC law (TICEA), citing the recent Irish Labour Court decision on the Verizon EWC. But they are also using this situation to pursue their demand for radical changes to EWCDIII

Why it matters: For reasons that have never been explained, the Irish Department of Enterprise, Trade, and Employment resolutely refused to accept that there was a problem with The Transnational Information and Consultation of Employees Act, 1996, (TICEA), which has resulted in the EU Commission initiating infringement procedure in May 2022. These MEPs, and others, are using this to push for a series of radical and damaging EWC changes. 

The HR Policy Global response:  Our views on this matter have always been clear. There should be a proper procedure set out in law for resolving all disputes involving EWCs. There is no need to reinvent the wheel. Existing Irish labour law and practice already provides the answer. 

In the immediate aftermath of Brexit and in the knowledge that many EWCs working under UK law would move to Ireland, we commissioned Dr Kevin Duffy, a barrister and the former Chair of the Labour Court, to write a paper on the known TICEA deficiencies. Dr Duffy’s paper clearly pointed out the blockage to EWCs being able to take collective issues to the Labour Court, such as in Verizon. He proposed a simple solution. Delete all references to disputes mechanisms in TICEA and replace them with the procedure in the Employees (Provision of Information and Consultation) Act 2006. We still urge the Irish government to pursue this simple reform. 

What’s next: We await the EU Commission’s response to the MEPs’ written question and will publish it, with our commentary, when it emerges.

ADDITIONAL INFORMATION:

Link to their question on the European Parliament's website.

In quotes: a spokesperson for Gaby Bischoff MEP, told reporters: 

“MEPs Gaby Bischoff and Dennis Radtke have submitted a written question to the European Commission regarding access to justice for the European Works Council of Verizon in Ireland. For Ms. Bischoff, it is unacceptable that European Works Councils are being denied their rights, as is happening in Ireland, highlighting the urgent need for action. 

The disregard for European Works Council rights is also a key issue that must be addressed in the ongoing revision of the European Works Council Directive, which Ms. Bischoff will follow closely as Shadow Rapporteur. This revision is already underway and will be overseen by VP designate Roxana Minzatu, who has confirmed her commitment to swiftly concluding negotiations upon the Commission’s confirmation.”