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Dáil Éireann debate -
Tuesday, 20 Nov 2001

Vol. 544 No. 3

Written Answers. - Labour Inspectorate.

Michael D. Higgins

Question:

131 Mr. M. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment her proposals for the provision of additional personnel and resources for the labour inspectorate in her Department, especially having regard to the additional workload it now faces; the number of cases where prosecutions were taken by the labour inspectorate in 2000 and are being taken to date in 2001; the legislation under which the cases are being brought; if she has satisfied herself that the inspectorate has sufficient staff and resources; and if she will make a statement on the matter. [28641/01]

In conjunction with the introduction by this Government of a national minimum wage in 2000, the Government authorised an increase in the labour inspectorate to 17 inspectors which equated to almost a 100% increase in personnel. As pointed out in a recent report carried out by PricewaterhouseCoopers that number has fluctuated in the interim. While the inspectorate was returned to full strength recently that position has now changed in that two officers have just been reassigned on promotion. Arrangements for replacements are in train and I expect the matter will be addressed in the next four weeks.

The consultants' report to which I refer was completed following an intensive business process re-engineering project across the entire employment rights enforcement section of my Department. The consultants found that it was difficult to determine an appropriate yardstick to define what the appropriate number of inspectors should be. They linked the size of the inspectorate to the Department's level of ambition in relation to conducting targeted investigations and following up on complaints received.

The level of ambition of the work of the inspectorate will be pursued in the context of the inspectorate's business plan for 2002. The issue of staffing resources will be addressed in this connection. During 2000, 45 cases were referred to the Chief State Solicitor for prosecution for breaches of employment rights legislation. Some 12 cases were successfully prosecuted in the year leading to convictions and fines and 14 cases were settled-withdrawn without court proceedings. The remaining cases were carried forward as ongoing.

Since January 2001, 29 further cases have been referred for prosecution and 15 cases were successfully prosecuted in the year leading to convictions and fines including in most instances the awarding of expenses and costs. A further ten cases have been settled-withdrawn including one case which could not proceed as the company was dissolved. In both years the breaches detected came under the Industrial Relations Acts, Organisation of Working Time Act, Protection of Young Persons Employment Act and Payment of Wages Act. In certain cases there were multiple breaches involving several pieces of legislation.
It is notable also that of the cases referred for prosecution this year four cases concern the National Minimum Wage Act, 2000; these are the first cases to be brought to the court under this recent legislation.
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