Dáil Éireann debate -
Wednesday, 5 Nov 1997

Vol. 482 No. 4

Written Answers - Industrial Relations Prosecutions.

Thomas P. Broughan

Question:

71 Mr. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of prosecutions taken under the Industrial Relations Acts, 1946 to 1990 in each of the years from 1985 to 1996; and if she will make a statement on the matter. [18293/97]

Tánaiste and Minister for Enterprise, Trade and Employment (Miss Harney)

I assume the Deputy is referring to the Joint Labour Committee prosecutions under the Industrial Relations Acts, 1946 to 1990.

The number of prosecutions taken under the Joint Committee legislation in each of the years from 1985 to 1996 is as follows:

Year	Number of Prosecutions	Year	Number of Prosecutions
1985	2	1991	6
1986	4	1992	6
1987	5	1993	10
1988	10	1994	9
1989	7	1995	8
1990	9	1996	2

Enforcement of JLC Legislation

The Labour Court, under the terms of the Industrial Relations Acts, 1946-90, is empowered to establish Joint Labour Committees to regulate wages and other conditions of employment in certain sectors. Minimum wages and terms and conditions of employment in the sectors covered by the JLC's vary according to age and length of service. Currently, there are 15 JLC's covering some 162,000 workers in such occupations as agriculture, retail grocery and contract cleaning.

The function of a JLC is to draw up proposals for fixing minimum rates of pay and conditions of employment for the workers involved. When proposals submitted by a Joint Labour Committee are confirmed by the Labour Court, through the making of an Employment Regulations Order, they become statutory minimum pay and conditions of employment for the workers concerned.

JLC legislation (and other employment rights legislation) is enforced by the labour inspectorate of the Department of Enterprise, Trade and Employment. The inspectorate comprises ten inspectors. Routine inspections are undertaken to ensure that employers are complying with the terms of the legislation. In addition, inspectors pursue reported breaches of the legislation.

The inspectors actively pursue a policy of negotiating payment of arrears and compliance with the ERO's. The effectiveness of this policy is reflected in the low level of prosecutions.