Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Irlanda (Ratificación : 1999)

The Committee takes note of the Government’s detailed first and second reports, and requests it to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee observes that the Government’s report refers to the Child Trafficking and Pornography Act, 1998, and the Illegal Immigrants (Trafficking) Act, 2000. It notes that, by virtue of section 3(1) of the Child Trafficking and Pornography Act, it is prohibited to organize or knowingly facilitate the entry into, transit through or exit from the State of a child for the purpose of his/her sexual exploitation. It further notes that a child is defined under section 1 of the Child Trafficking and Pornography Act as a person under 17 years of age. Moreover, the Committee observes that the Non-Fatal Offences Against the Person Act provides for sanctions for the abduction of a child under 16 years of age by parents (section 16(1)) or other persons (section 17(1)). The Committee reminds the Government that under Article 3(a) of the Convention, the sale and trafficking of children under the age of 18 constitute one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, as well as the sanctions envisaged.

2. All forms of slavery or practices similar to slavery such as forced or compulsory labour. The Committee notes that article 40 of the Constitution of 1939 as amended in 2002 states that no citizen shall be deprived of his personal liberty save in accordance with the law. Considering that this prohibition is broad, the Committee requests the Government to provide information on any specific legal provisions prohibiting all forms of slavery or practices similar to slavery, such as forced or compulsory labour for children under 18 years of age. The Committee also requests the Government to provided a copy of the Slave Trade Act, 1824.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the use, procuring or offering of a child for prostitution constitutes a criminal offence under several national laws. Hence, sections 2 and 3 of the Child Trafficking and Pornography Act, 1998, provide that it is an offence to induce, coerce a child under 17 years of age to engage in prostitution or to use a child for prostitution. The Committee also observes that section 249 of the Children Act, 2001, states that a person is guilty of an offence if, having the custody, charge or care of a child, he or she encourages the prostitution of the child. According to section 249(4) of the Children Act, a child means a person under 17 years of age for the purpose of section 249 of the same Act. By virtue of section 249(2) of the Children Act, a person found guilty of encouraging the prostitution of a person under 17 years of age shall be guilty of an offence. The Committee also observes that according to section 9 of the Criminal Law (Sexual Offences) Act, 1993, a person who, for gain, controls or directs the activities of a prostitute, compels or coerces a person to be a prostitute shall be guilty of an offence. The Committee observes that section 249 of the Children Act, 2001, and section 3 of the Child Trafficking and Pornography Act, 1998, refer specifically to child prostitution whereas the Criminal Law (Sexual Offences) Act, 1993, applies to everyone irrespective of his/her age. The Committee observes that the various provisions aim at prohibiting the use, procuring or offering of a person under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government’s report refers to the Child Trafficking and Pornography Act of 1998 which prohibits the use of a child for the production of child pornography (section 3). Section 3(3)(a) states that anyone who induces or coerces a child to engage in the production of child pornography is liable on conviction or indictment to imprisonment for a term not exceeding 14 years. The Committee also observes that the Act provides for a detailed definition of child pornography. Accordingly, section 5 of the Act provides that anyone who (a) knowingly produces, distributes, prints or publishes any child pornography; (b) knowingly imports, exports, sells or shows any child pornography; (c) knowingly publishes or distributes any advertisement likely to be understood as conveying that the advertiser or any other person produces, distributes, prints, publishes, imports, exports, sells or shows any child pornography; (d) encourages or knowingly causes or facilitates any activity mentioned in paragraphs (a), (b), (c); or (e) knowingly possesses any child pornography for the purpose of distributing, publishing, exporting, selling or showing it shall be guilty of an offence. However, the Committee notes that, by virtue of section 2 of the Act, a child means a person under the age of 17 years. The Committee reminds the Government that, according to Article 3 of the Convention, the use, procuring or offering of a child for the production of pornography or pornographic performances constitutes one of the worst forms of child labour and as such must be prohibited for all persons aged less than 18 years. The Committee requests the Government to provide information on the measures taken or envisaged to prevent the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 74(1) of the Child Care Act of 1991 states that it shall be an offence for a person to sell, offer or make available a substance to a person under 18 years of age if he knows or has reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of 18 years for the purpose of causing intoxication. The Committee observes that the Child Care Act protects children from the use of drugs but not from being used, procured or offered for the trafficking of drugs. The Committee consequently asks the Government to indicate the legal provisions prohibiting the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs as well as the applicable penalties.

Article 3, clause (d), and Article 4. Hazardous work. 1. Admission to hazardous work. The Committee observes that under section 3 of the Safety, Health and Welfare at Work (Children and Young Persons) Regulations, 1998, it is the employer’s duty not to employ a child or a young person where a risk assessment reveals that the work involved is: (i) beyond the physical or psychological capacity of the child or young person concerned; (ii) involves harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage; (iii) involves harmful exposure to radiation; (iv) involves the risk of accidents; (v) presents a risk to health from exposure to extreme heat or cold and to noise or vibration. It also notes that, under section 2(1) of the Act, a young person is defined as a person who has reached 16 years of age but is less than 18 years of age, and a child as a person under 16 years of age.

2. Fishing or shipping sectors. The Committee notes the Government’s indication that Regulations concerning the employment of children in the fishing and shipping sectors will be amended shortly. However, the Committee observes that the Protection of Young Persons (Employment) (Exclusion of Workers in the Fishing or Shipping Sectors) Regulations, 1997, provides that a young person aged 16 to 18 years may be assigned to work between 10 p.m. and 6 a.m. in the fishing or shipping sectors provided that on the following day he/she is allowed an equivalent compensatory rest period (section 6(1)). It also notes that section 6(1(a)) of the Protection of Young Persons (Employment) Act is not applicable to young workers in the shipping and fishing sectors. Consequently, young workers may be required to work more than eight hours in any day or 40 hours in any week. It further observes that the minimum rest period of 12 consecutive hours in each period of 24 hours and the minimum rest period of two days in any seven days do not apply to young workers employed in the shipping or fishing sector (section 6(4)) of the Protection of Young Persons (Employment) Act read in conjunction with sections 6(1(c)) and 6(1(d)). Moreover, it notes that there should be objective grounds justifying the non-application of subsections 1(c) and (d) of section 6 and young workers shall receive appropriate compensatory rest times at some time during each period of 24 hours and each period of seven days. Furthermore, the trade union or representative of the young worker shall be consulted (section 6(4) of the Protection of Young Persons (Employment) Act). The Committee draws the Government’s attention to paragraph 3(e) of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which states that, when determining the types of hazardous work, consideration should be given to work under particularly difficult conditions such as work for long hours or during the night. The Committee hopes that the Government, in reviewing its legislation on the employment of children in the fishing and shipping sectors will take into account the abovementioned considerations. The Committee also asks the Government to indicate the maximum daily or weekly working time of young persons in the fishing and shipping sectors, and to provide examples of appropriate compensatory rest times. It further requests the Government to indicate how the protection of children working at night is secured.

3. Mines and quarries. The Committee observes that the Safety, Health and Welfare at Work (Children and Young Persons) Regulations of 1998 do not mention work performed underground as being dangerous for the health and safety of children or young persons. It also notes that, by virtue of section 110 of the Mines and Quarries Act of 1965, a young person may be employed in a mine if there is an interval of not less than 12 hours between periods of employment, including a continuous period of seven hours falling between 10 p.m. and 7 a.m. The Committee notes the Government’s indication, in its report, that according to the Education (Welfare) Act of 2000 the school-leaving age is 16 years of age. Indeed, section 31 of the Education (Welfare) Act, 2000, defines a young person as anyone who has reached 16 years of age but is less than 18 years. The Committee draws the Government’s attention to paragraph 3(b) of Recommendation No. 190 which states that when determining the types of hazardous work, consideration should be given to underground work. The Committee accordingly asks the Government to indicate the measures taken or envisaged to ensure that the employment of young persons aged 16 to 18 in underground work is not likely to jeopardize their health or safety.

4. Self-employed workers. The Committee notes that by virtue of section 1 of the Protection of Young Persons (Employment) Act of 1996, an "employee" means a child or a young person who has entered into or works under a contract of employment and therefore does not cover self-employed children. The Committee requests the Government to indicate the measures envisaged or taken to ensure the protection of self-employed workers under 18 years of age against work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

5. Family enterprises. The Committee notes that, by virtue of section 2 of the Protection of Young Persons (Employment of Close Relatives) Regulations of 1997, a "close relative" may employ, in derogation to section 3 of the Protection of Young Persons (Employment) Act of 1996, a child or a young person. It also observes that sections 5, 6(1(a)) and section 11 of the Protection of Young Persons (Employment) Act shall not apply to the employment of close relatives. Consequently, an employer is not required to produce a copy of the birth certificate of the child or young person, to maintain a register providing for the name, date of birth and working time of the young person or child. Moreover, the Committee notes that in derogation to section 6(1(a)) of the Protection of Young Persons (Employment) Act of 1996, a young worker employed by a close relative may be required to work for more than eight hours in any day or 40 hours in any week. According to section 2 of the Protection of Young Persons (Employment of Close Relatives) Regulations, 1997, a "close relative" means an employee who is employed: (a) by his/her spouse, father, mother, grandfather, grandmother, stepfather, stepmother, brother, sister, half-brother or half-sister; and (b) in a private dwelling house or on a farm, in or on which both the employee and employer reside, or in a family undertaking on work which is not industrial work. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that children or young persons working for their relatives do not perform work that is likely to harm their health, safety or morals.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the list of hazardous occupations stated in the Safety, Health and Welfare at Work (Children and Young Persons) Regulations was established in 1998. The Committee therefore reminds the Government that, by virtue of Article 4, paragraph 3 of the Convention, the list of types of work, determined as hazardous, shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to examine and revise the list of hazardous work, where necessary, in the light of scientific and technical developments.

Article 5. Monitoring mechanisms. 1. Monitoring group. The Committee notes the Government’s statement that a monitoring group was established in 1997 to monitor the implementation of Protection of Young Persons (Employment) Act, 1996. This monitoring group consists of representatives of Government departments, employers, employees, teachers and other interested parties. The Committee takes due note that the monitoring group presented a report to the Minister of Enterprise, Trade and Employment in 1999. The monitoring group recommended that the number of labour inspectors be increased to enforce the Act. Another recommendation was the introduction of a code of practice for young persons working in licensed premises. The Committee notes that both of these recommendations have been implemented. The Committee would be grateful if the Government would continue to supply information on the activities and achievements of the monitoring group.

2. Labour inspectorate. The Committee notes the Government’s indication that the Labour Inspectorate of the Department of Enterprise, Trade and Employment has responsibility for enforcing employment legislation, including the Protection of Young Persons (Employment) Act, 1996. It notes that the Labour Inspectorate increased from ten to 17 officers in mid-2000. It also observes that, by virtue of section 22 of the Young Persons (Employment) Act, inspectors have powers to enter places of work, question employers and employees, and examine records. The Committee notes the Government’s indication that inspectors carry out inspections at night-time as part of their normal conditions of service. The Government also indicates that when it appears that an employer has failed to comply with legislation, the matter is referred to legal advisers at the Department of Enterprise, Trade and Employment to consider whether legal proceedings may be instituted against the employer concerned. The Committee asks the Government to provide information on the findings of the Labour Inspectorate.

Article 7, paragraph 1. Penalties. The Committee observes that, by virtue of section 3(1) of the Child Trafficking and Pornography Act, 1998, a person who organizes or knowingly facilitates the entry into, transit through or exit from the State of a child for the purpose of his/her sexual exploitation, shall be liable to imprisonment for life. Section 3(2) of the Child Trafficking and Pornography Act provides that a person who uses a child for the purpose of his/her sexual exploitation (prostitution, child pornography) is liable to imprisonment for a term not exceeding 14 years. The Committee also notes that, under section 5 of the Child Trafficking and Pornography Act, any person who produces, distributes, prints, imports, exports, sells, shows child pornography or encourages or facilitates the production or distribution of child pornography shall be liable to a fine or to imprisonment for a term not exceeding 14 years or both. The Committee observes that section 249 of the Children Act, 2002, also provides a person who is found guilty of encouraging the prostitution of a person under 17 years of age shall be liable to a fine not exceeding £25,000 or imprisonment or a term not exceeding ten years or both. It further notes that, under section 9 of the Criminal Law (Sexual Offences) Act, 1993, a person who, for gain, controls or directs that activities of a prostitute, compels or coerces a person to be a prostitute, shall be liable to a fine not exceeding £10,000 or to imprisonment for a term not exceeding five years or to both. The Committee also observes that section 25(1) of the Protection of Young Persons (Employment) Act, 1996, states that a person guilty of an offence under the Act shall be liable to a fine not exceeding £1,500.

Paragraph 2. Effective and time-bound measures. The Committee observes that the Government launched, in 2000, a ten-year action plan named the National Children’s Strategy. The strategy addresses a wide range of policy areas affecting children’s lives including education, health, poverty, homelessness, juvenile justice, the environment and family and community support. The Government highlights that an important objective of the National Children’s Strategy is to ensure that children are safeguarded to enjoy their childhood free from all forms of abuse and exploitation. The Committee notes however the absence of information in the National Children’s Strategy as well as in the Government’s report on the existence of time-bound and effective measures (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (e) taking into account the special situation of girls. The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7(2)(b) and (e) of the Convention, to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour together with measures taking into account the special situation of girls.

Clause (a) Prevent the engagement of children in the worst forms of child labour. The Committee observes that the National Children’s Strategy refers to the need to eliminate child poverty. To this end, targets for the elimination of child poverty will be set under the National Anti-Poverty Strategy in consultation with the social partners. The "Monitoring Poverty Trends in Ireland: Results from 2000 Living in Ireland Survey", published by the Environmental Systems Research Institute (ESRI) in July 2002 shows that consistent child poverty continued to fall between 1998 and 2000. It stood at 8 per cent in 2000 compared to 12 per cent in 1998. The First Progress Report on the National Children’s Strategy further indicates that the National Anti-Poverty Strategy review published in 2002 aims to reduce and ideally eliminate numbers of "consistently poor" children to below 2 per cent by 2007. The Committee would be grateful if the Government would supply information on the National Anti-Poverty Strategy’s achievements and how these contribute to preventing the engagement of children under 18 years of age in the worst forms of child labour.

Clause (c) Ensuring access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour. The Committee takes note of the First Progress Report on the National Children’s Strategy stating that a review of the effectiveness of the enforcement of the Protection of Young Persons (Employment) Act, 1996, will be undertaken to ensure that participation in work does not interfere in children’s education. The Committee requests the Government to indicate whether this plan will consider the special situation of children removed from the worst forms of child labour.

Clause (d) Identifying and reaching out to children at special risk. It also pointed out the need to adopt a Children Bill, and hence contributed to its enactment in 1999 together with the adoption of the Sex Offenders Act in 2001. It also states that a review of the effectiveness of the enforcement of the Protection of Young Persons (Employment) Act of 1996 will be undertaken to ensure that participation in work does not interfere in children’s education. The Committee notes that the National Children’s Office is considering the need for an interdepartmental committee to coordinate actions regarding the elimination of the commercial sexual exploitation of children and is preparing a national action plan to implement the Stockholm and Yokohama agenda for action against the sexual exploitation of children. The Committee asks the Government to indicate whether an interdepartmental committee to coordinate actions aimed at the elimination of the sexual exploitation of children has been set up and whether a national action plan for this very same purpose has been launched. If so, it asks the Government to provide information on the functioning of the interdepartmental committee and the measures taken pursuant to the national action plan.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Department of Enterprise, Trade and Employment, the Department of Health and Children, the Department of Justice, Equality and Law Reform, the Department of Education and Science and the National Children’s Office are the authorities, which ensure that the worst forms of child labour are not allowed to take place.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s indication that "Garda Siochana" (Irish Police Service) is represented on the INTERPOL Specialist Group on Crimes against Minors. This international, pro-active group is recognized for its expertise on crimes against children, which include the commercial sexual exploitation of children.

The Committee notes that the Sexual Offence (Jurisdiction) Act 1996 targets the child sex tourist, by providing that Irish citizens, or persons ordinarily resident in Ireland, who engage in sex with children abroad, can be dealt with by the Irish Courts. The Act also targets organizers of sex tourism by making it an offence to arrange transport for, or actually transport child sex tourists, or to publish information on child sex tourism. The Committee asks the Government to provide information on the practical application of the abovementioned Act.

Part III of the report form. The Committee takes note of the Government’s statement, in its report, that no courts of law or other tribunals have given decisions based on this Convention. However it also notes the Government’s indications, in the same report, that six employers were convicted in 2000, nine in 2001 and five in 2002 in respect of breaches of the Protection of Young Persons legislation. The Committee would be grateful if the Government would supply a copy of the decisions regarding infringements of the Protection of Young Persons legislation.

Parts IV and V. The Committee notes the Government’s statement, in its report, that as a developed, democratic country, Ireland does not suffer from the worst forms of child labour. However, it notes that employers were convicted in 2000 and 2001 in respect of breaches of the Protection of Young Persons legislation. The Government’s report also indicates that the police have investigated a number of incidents of children involved in child prostitution and have taken appropriate action. The Committee further observes that a major investigation "Operation Amethyst" in May 2002 resulted in the confiscation of computer components, files and floppy discs from over 100 homes nationwide. The Government indicates that the investigation is ongoing but it is expected that a significant number of people will be charged under the Child Pornography Act of 1998. The Committee further notes the Government’s indication, in its report, that between January 2000 and 31 August 2002, 4,337 inspections were carried out under the Protection of Young Persons (Employment) Act of 1996. The Committee requests the Government to provide information on the findings of the police investigations into incidents of child prostitution and pornography and on any court’s decision on these matters, including information on the sanctions pronounced. The Committee would be grateful if the Government could also provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention.