Dáil Éireann Debate, Tuesday - 28 April 2026
940. Deputy Carol Nolan asked the Minister for Children, Disability and Equality to provide details on all open EU infringement proceedings where the subject of the infringement relates to the functions of her Department; the reason the infringement proceedings were initiated; the procedural stage of the infringement proceedings; and if she will make a statement on the matter. [30261/26]
Amharc ar fhreagraThe European Commission has currently three open infringement proceedings relating to functions of the Department. Two of these proceedings are active, with one proceeding now complete and awaiting formal closure. Department officials continue to engage extensively with the European Commission in respect of all three cases.
The two active cases are:
- Reference 2014/4131 - The implementation of Directive 2003/88 concerning the organisation of working time.
- Reference 2025/0060 - The transposition of Directive (EU) 2022/2381 on improving the gender balance among directors of listed companies.
With regard to the infringement case reference 2014/4131 related to working time, the Directive was transposed into Irish law through the Organisation of Working Time Act 1997. The infringement proceedings were initiated by the Commission in 2014 on foot of complaint related to Ireland's compliance with the Act in social care settings. The procedural stage of this infringement is at is the ‘Letter of Formal Notice’.
A dedicated working group has been established within the HSE and is progressing measures to improve compliance with the Directive. Regular updates on this work have been provided to the Commission.
With regard to the infringement case reference 2025/0060 related to gender balance among directors of listed companies, the transposition of the Directive was completed in May 2025. The infringement proceedings were initiated by the Commission due to the late transposition of the Directive within the required timeframe (December 2024). The procedural stage of this infringement is at is the ‘Letter of Formal Notice’.
Department officials notified the European Commission of our delay in advance of the transposition deadline. With the Directive now transposed, Ireland has submitted our first State report on the implementation of the Directive to the Commission in January 2026.
The final open infringement proceedings is reference 2022/0370, relating to the transposition of Directive 2019/1158 on work-life balance for parents and carers and repealing Council Directive 2010/18. The transposition of the Directive was completed on 6 March 2024. The infringement proceedings were initiated by the Commission due to the incomplete transposition of the Directive within the required timeframe (August 2022). The procedural stages of this infringement are now complete, with the European Court of Justice instructing Ireland to pay a fine of €1,540,000 in 2025. We are awaiting formal communication from the Commission that this infringement is now closed.
In these cases, officials in the Department maintain active contact with the European Commission to address concerns that have been raised and to communicate the proactive efforts the Department is making to progress issues of transposition and implementation.
