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Dáil Éireann debate -
Wednesday, 13 Jun 2001

Vol. 538 No. 1

Other Questions. - Labour Inspectorate.

Eamon Gilmore

Question:

56 Mr. Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of inspectors employed in the labour inspectorate; the main areas of legislation which it monitors; if she has satisfied herself that there are sufficient personnel available having regard to their range of responsibilities; and if she will make a statement on the matter. [17222/01]

I am again answering on behalf of Minister of State, Deputy Kitt. In recognition of the increasing workload of the labour inspectorate, the Government in December 1999 made a decision to strengthen the service by the appointment of seven additional authorised officers. The complement of inspectors is now 17 but as a consequence of career breaks and promotions, there are currently only 14 inspectors active in the service. Steps are in train at present to restore the service to its full complement.

Apart from the staffing issue, the labour inspectorate has undergone a major review of its operations. That exercise is approaching a conclusion and it is anticipated that the effectiveness and efficiency of the service will be improved significantly as the outcome of the review is implemented over the next few months.

The Department's labour inspectorate of the Department has responsibility for the enforcement of all employment rights legislation. Such legislation covers a wide range of areas including the payment of wages, organisation of working time, covering areas such as holiday entitlements, rest periods, maximum working time and night work, safeguarding of employees' rights on the transfer of undertakings, protection of young persons at work, minimum wage entitlements, provisions contained in employment regulation orders and registered employment agreements arising from industrial relations legislation.

All persons employed under a contract of employment within the State are entitled to the full protection of Irish employment rights legislation. Breaches of provisions contained in the legislation may come to the attention of the Department either by way of complaint by an individual employee or other concerned person or by routine inspections carried out by the Department's labour inspectorate. Allegations of breaches of employment legislation, such as excessive working hours and non-payment of national minimum wage or holiday pay, are thoroughly investigated by the labour inspectorate.

Labour inspectors have powers to enter places of work, question employers and employees and examine records. Inspectors carry out night work as part of their normal conditions of service and that element of their duties is almost exclusively related to protection of young persons enforcement work. The Department's labour inspectorate operates objectively, fairly, impartially and without any differentiation with respect to nationality.

Where it appears that an employer has failed to comply with the legislation and irregularities are not resolved through the co-operation of the employer in question, the matter is referred to the Department's legal advisers for consideration as to the institution of legal proceedings against the employer concerned.

In the context of his previous reply on work permits having been issued to workers from Latvia, Lithuania, Beijing, Newfoundland, South Africa, etc., how can 17 inspectors, three of whom are not currently active due to being on sick leave, maternity leave or whatever, police the employment rights of the workers concerned? Is it still the case that inspectors work from 9 a.m. to 5 p.m.? The Minister referred to the organisation of working time which implied that inspectors are present at the hour of night when young workers are supposed to finish work. If inspectors only work until 5 p.m., how can they police this area at 10 p.m.? Will the Minister comment on the particular case of the meat company in Roscommon in which RTE revealed the abuse of and denial of rights to immigrant workers? Has the Minister had an opportunity to examine that and what is the current position?

I will allow two brief supplementaries before the Minister of State makes his final reply.

What inspections have been carried out since the introduction of the minimum wage and have there been any prosecutions for non-compliance in this regard?

Given that this problem has been in the public arena for some months, will the Minister of State confirm the number of successful prosecutions to date?

In my previous reply to which Deputy Rabbitte referred, I stated that from April 2000 to 2001, the labour inspectorate undertook 4,350 inspections and follow-up complaints, 200 of which related to work permits. It was in that context I referred to work permits for immigrant workers. Of the 200 work permit related cases investigated, full investigations have been completed in 125 cases and nothing was found to be amiss. The remaining 75 cases are still under investigation and we await the outcome.

My understanding is that inspectors' work hours are very flexible—

Is the Minister seriously saying that no complaints were substantiated in 125 cases?

Some 4,350 inspections on various matters were carried out in a one year period. Of these, 200 were work permit related. Investigations have concluded in 125 cases which were found to be in perfect order.

None of the complaints was substantiated?

Not in the 125 cases to which I refer.

That is remarkable. A 100% clean sheet.

It is not a 100% record as investigations are ongoing in the remaining 75 work permit cases.

Are those 75 cases still being investigated?

The Deputy should allow the Minister to conclude.

And no complaints were substantiated in 125 cases?

That is correct.

Remarkable.

On the situation in Roscommon, an inspector had visited the company prior to RTE's visit and subsequent programme. As of now, the information available to the Department is that there has not been any breach of labour law in that case. The inspectorate is still dealing with the case and we await its conclusion.

That is not the same as saying that immigrant workers were not abused.

That is a different issue, one which is currently being pursued. There may have been a breach of equality law and that matter will be considered.

On the working hours of labour inspectors, I understand they target both sectors and regions. When they visit regions, they deal with all aspects of inspection and investigation and, accordingly, work varying hours to ensure they cover all issues outlined in the legislation under which they operate. There is flexibility in the system. The fact that 17 people managed to carry out 4,350 investigations in the past year reflects a very high performance ratio and the inspectors are obviously doing a good job.

That concludes Question Time.

Written Answers follow Adjournment Debate.

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