Implementation of central concepts

• Author: Frances Meenan
• Pages: 8-22

8

3Implementation of central concepts

3.1General (legal) context

3.1.1Surveys on the definition, implementation and limits of central concepts of gender

equality law

There are no surveys concerning the definition, implementation and limits of the concepts.

The limits of gender equality law – and more particularly in respect of equal pay– is the

binary nature of the concept in that a complainant must have a comparator of the opposite

sex in order to proceed with an equal pay claim.

In a recent survey, women are almost twice as likely as men to report discrimination in

the workplace. Discrimination on pay and promotion were more frequently mentioned,

which is consistent with evidence of the gender pay gap and low female representation in

the most senior positions in the Irish labour market.14

3.1.2Other issues

The implementation of legislation for the gender pay gap is awaited. The Gender Pay Gap

Information Bill 2019 was published in April 2019. As of year-end 2019, it has not yet

been passed through the Oireachtas (parliament).

3.1.3General overview of national acts

The various Acts prohibiting discrimination and promoting equality (where applicable)

transpose the Directives. In addition, there is now a move towards positive action in regard

to having a higher representation of women in the higher education sector at professorial

level and also in the civil service.

3.1.4Political and societal debate and pending legislative proposals

The Central Statistics Office Report entitled ‘Women and Men in Ireland 2019’15 stated that

out of a total population of 4 857 000, 2 405 800 are men and 2 451 300 are women. The

employment rate of women was 63.7 % and men 74.6 %. The Report stated that:

-Irish women are more likely to have a third-level qualification than men, with over

half (55.9 %) of women aged 25-34 having a third-level qualification compared to

just 52.5 % of men in this age group.

-Men work longer hours than women in paid employment. Men worked an average of

40.1 hours a week in paid employment compared to 32.3 hours for women.

-Men have a higher rate of employment. The male employment rate was 74.6 % and

the female rate being 63.7 %.

-Men also have a higher rate of unemployment with a rate of 5.6 % which was above

the rate of 5.2 % for women.

-Just over one in three women work in the health or education sectors.

-Most workers in the Health and the Education sectors were women, while most

workers in Agriculture, Construction and Transport were men.

-Irish women have a fertility rate of 1.77 (measured in 2017).

-The vast majority (98 %) of those who were looking after home/family in 2016 were

women.

14McGinnity, F. et al, ‘Who Experiences Discrimination in Ireland –Evidence from the QNHS Equality Modules’

(2017) IHREC and ESRI para. 5.2 https://www.ihrec.ie/app/uploads/2017/11/Who-experiences-

discrimination-in-Ireland-Report.pdf.

15https://www.cso.ie/en/releasesandpublications/ep/p-wamii/womenandmeninireland2019/.