20th January 2025 |
Open Consultations
The Ireland National Contact Point (NCP) located at the Department of Enterprise, Trade and Employment invites submissions to a public consultation on its updated complaint handling procedures which outlines the steps/stages in the NCP when handling complaints.
Overview
What are OECD Guidelines for Multinational Enterprises on Responsible Business Conduct?
The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct are the leading international standard for how companies and investors should address their impacts on people, the planet and society. They apply to businesses and investors of all sectors, sizes and ownership structures, and cover all key sustainability issues – from climate change to technology, from anti-corruption to human rights and labour standards.
By adopting responsible business conduct (RBC) enterprises can prevent and address negative impacts of their activities, while contributing to the sustainable development of the countries and communities in which they operate.
What is the National Contact Point (NCP)?
All governments adhering to the Guidelines are required to set up an NCP, which serves to promote the Guidelines and to handle complaints (known as specific instances) of alleged non-observance of the Guidelines. The Ireland NCP is the contact point set up by the Irish Government. The Ireland NCP is a standalone Unit which is part of the Department of Enterprise, Trade and Employment.
The main objectives for the Ireland NCP are:
- to promote and raise awareness of the Guidelines and their implementation procedures, along with the related Due Diligence Guidance
- to provide a non-judicial grievance mechanism to resolve complaints relating to non-observance of the recommendations of the Guidelines
- to handle enquiries related to the Guidelines from other NCPs; the business community; worker organisations; other nongovernmental organisations; the public; and governments of non-adhering countries
Why is the NCP updating its Complaint Handling Procedures?
Since their introduction in 1976, the Guidelines have been continuously updated to remain fit for purpose in light of societal challenges and the evolving context for international business. The 2023 update reflects a decade of experience since their last review in 2011 and responds to urgent social, environmental, and technological priorities facing societies and businesses. The updated Guidelines were released on 8 June 2023 and key updates include:
- recommendations for enterprises to align with internationally agreed goals on climate change and biodiversity
- inclusion of due diligence expectations on the development, financing, sale, licensing, trade and use of technology, including gathering and using data
- recommendations on how enterprises are expected to conduct due diligence on impacts and business relationships related to the use of their products and services
- better protection for at-risk persons and groups, including those who raise concerns regarding the conduct of businesses
- updated recommendations on disclosure of responsible business conduct information
- expanded due diligence recommendations to all forms of corruption
- recommendations for enterprises to ensure lobbying activities are consistent with the Guidelines
- strengthened procedures to ensure the visibility, effectiveness and functional equivalence of National Contact Points for Responsible Business Conduct
The final bullet point above relates to ‘Part II: Implementation Procedures of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct’ (pages 55-76) which set out how NCPs should function including the handling of complaints. The Ireland NCP is updating is Complaint Handling Procedures to ensure they align with the updated Guidelines.
What updates are proposed in the updated Complaint Handling Procedures?
The updated procedures aim to expand on the existing document, providing additional clarity on the specific instance process and enhanced transparency regarding the work of the NCP. The additional/new text in the proposed update includes:
- transparency towards the public regarding publication of complaints by parties involved in the complaint
- expected timelines of publication of an initial assessment where coordination between NCPs is required
- timelines and process when a follow-up is required
- risks of reprisals against parties and/or the NCP itself
- conflicts of interest
- parallel proceedings
- the NCPs role during mediation
- the newly established NCP Advisory Body and it’s role
Consultation questions
- General views or comments on the updated Complaint Handling Procedures
- Do the updated Complaint Handling Procedures address the changes in the updated Guidelines?
- Do the updated Complaint Handling Procedures outline the different stages when handling a complaint in a clear and understandable way? If not, how can they be made clearer?
Submissions
The Department of Enterprise, Trade and Employment welcomes submissions on the Updated Complaint Handling Procedures. Respondents are requested to note that it is the department’s policy to treat all submissions received as being in the public domain unless confidentiality is specifically requested. Respondents are, therefore, requested to clearly identify material they consider to be confidential and to place same in a separate annex to their response, labelled “confidential”.
Where responses are submitted by email, and those emails include automatically generated notices stating that the content of same should be treated as confidential, contributors should clarify in the body of their emails as to whether their comments are, in fact, to be treated as confidential.
Respondents are requested to make their submissions in writing or by email. Submissions or questions regarding the consultation should be marked ‘Ireland NCP Updated Complaint Handling Procedures’ and be sent by email to oecdncp@enterprise.gov.ie or posted to:
Ireland National Contact Point for the OECD Guidelines
Department of Enterprise, Trade and Employment
2nd Floor 1 Earlsfort Terrace Centre
Dublin 2
D02 PW01
The deadline for receipt of submissions is 5pm on Wednesday, 12 February 2025.
Freedom of Information
Respondents’ attention is drawn to the fact that information provided to the department may be disclosed in response to a request under the Freedom of Information Acts. Therefore, should you consider that any information you provide is commercially sensitive, please identify same, and specify the reason for its sensitivity. The department will consult with any potentially affected respondent regarding information identified as sensitive before making a decision on any Freedom of Information request.
Topics:
Responsible Business