Vol. 538 No. 1
52 Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if, in view of the recent report on racism, she has satisfied herself that her Department is doing enough to stop exploitation in the workplace; and if she will make a statement on the matter. [17295/01]
I am answering this question on behalf of my colleague, Deputy Tom Kitt, who is at an international labour conference.
I understand this question refers to the employment rights of non-nationals. I am aware of reports on the treatment of certain non-nationals placed in employment here on foot of work permit applications. Any abuses of statutory employment rights and protections that immigrant workers may have been subjected to are to be unreservedly condemned and we are on record in this regard already.
In recognition of the increasing workload of the labour inspectorate, the Government in December 1999 made a decision to strengthen the service to 17 personnel by appointing seven additional authorised officers. These officers operate objectively and without any differentiation with respect to nationality, as all employees in this country are entitled to the protection of Irish employment rights legislation. Employment rights legislation establishes the minimum statutory rights applicable to all 1.8 million people working in Ireland, whether part-time or full-time, high or low skill or whether they are Irish citizens or otherwise. Inspectors, as authorised officers, enforce these entitlements and carry out investigations under the provisions of the various enactments. In this regard the inspectorate can pursue allegations of workers being subjected to excessive working hours, illegal deductions, non-payment of compensation for Sunday working or of holiday-public holiday pay, etc. Inspectors seek to ensure that employers become compliant and pay any sums due to employees. Last year arrears of £283,998 were recovered for employees and, to the end of May this year, £102,134 has been recovered for employees. If compliance is not achieved, prosecutions are initiated or employees advised of the recourse route available to them under legislation, for example, to a rights commissioner, an employment appeals tribunal, etc.
Additional Information.In liaison with the work permits section of our Department the labour inspectorate is concentrating its activities on sectors which have a high level of immigrant workers, for example, agri culture, hotels and catering, the services sector, and retailing.
Consultants, PricewaterhouseCoopers, are in the process of finalising a review of the processes and supporting systems in the employment rights information, inspection and enforcement functions. While the consultants are recommending more staff and resources for some of the functions mentioned, they point out that there are administrative and structural issues that need to be addressed.
Preparatory work is under way on the introduction of legislation on work permits. The legislation, which is anticipated for autumn next, will establish work permits on a statutory basis. Work has been completed on the revision of the work permit application form which will ensure that prospective immigrants are alerted to relevant key provisions of Irish labour legislation. In addition, an explanatory leaflet in eight languages is now available.
How does the Minister expect 17 people to police the whole country? How will Ireland take its place among the most advanced competitive economies in the world? The Minister faces huge problems because we expect up to 200,000 immigrants in the next six years. How often do inspections of the companies granting large scale visas take place and what have been the results?
The Government authorised the appointment of seven extra staff in December 1999. This group took up office last year. Between April 2000 and April 2001 the labour inspectorate undertook 4,350 inspections and follow-up complaints, 200 of which were related to work permits. In the 125 cases related to work permits completed to date nothing untoward has been found.
A total of 108 issues are being examined, 24 of which are in the agriculture sector, eight in construction and engineering, 33 in hotel and catering, 16 in nursing, nine in retail and 18 in various other sectors. These inquiries concern workers from Russia, Lithuania, Latvia, the Czech Republic, Slovakia, Hungary, China, Bulgaria, the Philippines, Pakistan, Ukraine, Estonia, India, Croatia, Australia, New Zealand and Bosnia. Given the volume of work and the diversity of the many people involved in these cases, I conclude that the inspectorate is doing an excellent job.
These are new circumstances and we must allow them to develop. I assure the Deputy that if we feel a necessity to supplement the numbers as a result of the large number of work permits being granted under this Government, notably in the Department of Enterprise, Trade and Employment under the leadership of the Tánaiste, Deputy Harney, we will respond. At present, we are satisfied with the high quality and professionalism of these inspectors. They are doing an excellent job.
It is disgraceful that such a small number of people have been allocated to this task when so many people are entering the country. Is the Minister aware that racism is on the rise and must be rooted out? The number of people employed in the inspectorate is a mark of Government failure. Seven additional staff bringing the total to 17 cannot deal with so many diverse tasks in addition to the huge problems we face with up to 200,000 people poised to enter the country to fill vacancies. We must also bear in mind the countries of origin of these new immigrants. The Minister is not dealing with the problem.
There is no education in small companies in the north west. This is creating difficulties in the workplace.
I do not accept the Deputy's assertion that this Government is not dealing with the issue. The 4,350 investigations carried out by the labour inspectorate constitutes a huge volume of work. The vast majority of employers comply with the law. Apart from the fact that inspectors must deal with all official complaints they receive, individuals making complaints have direct recourse to a rights commissioner, the employment appeals tribunal and other channels. Taken together, these facts demonstrate that the system is working well and should be given time to develop.
