Written Answers. - Foreign Workers.
Donal Carey
Question:
92
Mr. D. Carey
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the plans she has to review the Employment Agency Act, 1971, in view of recent media reports of the abuse of the rights of foreign workers; and if she will make a statement on the matter.
[26678/00]
Paul Bradford
Question:
109
Mr. Bradford
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the plans she has to establish an expert group which would examine the current legislation to strengthen the mechanisms to ensure the protection of the rights of foreign workers; and if she will make a statement on the matter.
[26685/00]
Deirdre Clune
Question:
117
Ms Clune
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if she will give an assurance that the rights of foreign workers are protected under current legislation; if she has satisfied herself with the level of enforcement; and if she will make a statement on the matter.
[26677/00]
I propose to take Questions Nos. 92, 109 and 117 together.
The alleged abuse of the rights of foreign workers reported recently in the media is not as a result of any inherent flaws in the Employment Agency Act, 1971. In this connection, I am satisfied that the current procedures governing the granting of employment agency licences are adequate. I am satisfied that the vetting procedures prior to issue of licences are adequate. The labour inspectorate of my Department also enforces this legislation with its other duties.
The employment market in Ireland has been transformed in recent years, driven by increased employment opportunities. Employment agencies have responded by developing their services to meet the needs of employers and potential employees. Such services are increasingly provided over the Internet and indeed across borders by the same means. The Employment Agency Act, 1971, is based on the notion of services being provided from an establishment whereas increasingly these services are delivered by means of e-business. It is against these changing circumstances that I have asked my officials to review this legislation. As part of that review the social partners and other interested parties will be consulted over the coming months. Best practice in other EU countries will also be examined with a view to the possibility, where appropriate, of introducing improvements to our current legislation.
As regards the rights of foreign workers the position is that they enjoy exactly the same rights as Irish workers under this country's employee protection legislation. However, in order to confirm this situation I am arranging for the inclusion of a provision in the draft Protection of Employees (Part-Time Work) Bill, 2000, whereby for the avoidance of doubt a range of employee protection legislation shall be deemed to apply to all foreign workers posted to this country in the same way as it applies to Irish workers covered by the legislation.
The labour inspectorate of my Department is responsible for the enforcement of workers' rights set down in a variety of labour legislation and of statutory minimum rates of pay and conditions of employment of workers employed in sectors covered by employment regulation orders and registered employment agreements.
Generally, enforcement is pursued through the inspections of employers' records. These inspections are carried out based on complaints received about specific breaches of the Acts and also as a matter of routine. Breaches of the Acts can be detected by close examination of the records mentioned above. Inspections take place during normal office hours as the majority of employers carry on business during these hours. However, inspectors also engage in night work in order to enforce certain legislation which gives rise to that requirement.
I am satisfied that the methodology adopted in relation to inspection work is reasonable and that inspections are organised and targeted in a way that makes the most efficient use of the enforcement resources available.
