Dáil Éireann Debate, Wednesday - 10 December 2008
68 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she is taking to protect the exploitation of migrant workers against employers breaching employment law; and if she will make a statement on the matter. [45385/08]
View answerI am conscious of the need for vigilance against the exploitation of vulnerable workers, including migrant workers. It is important to bear in mind that migrant workers can, and do, obtain the full benefits and protection of Irish labour law. Naturally, unscrupulous employers may try to take advantage of those in a vulnerable position. However, the Government will not stand aside while employers try to gain unfair competitive advantage by short-changing workers on their entitlements.
The foundation for the protection of vulnerable workers, including migrants, is the existing strong legislative base underpinning employment rights in Ireland which has been built upon by successive Governments. This includes the Protection of Young Persons (Employment) Act 1996, the Organisation of Working Time Act 1997, the National Minimum Wage Act 2000 and the Payment of Wages Act 1991.
There is also a code of practice on engagement of domestic staff in private houses, introduced in May 2007. It emphasises that employees in other people's homes have an equal entitlement to the employment rights and protections available to any other employee. It highlights several of these rights and includes provisions relating to protections that have particular relevance to these employers and employees.
The Employment Law Compliance Bill 2008 will further strengthen the protective framework. The Bill, which is on the Order Paper, is being finalised in consultation with stakeholders. I have requested the Department to ensure Second Stage will be taken early in the next parliamentary session.
In addition to a strong legislative foundation, there is highly effective industrial relations machinery through which to process claims by employees with grievances, including rights commissioners, the Labour Court and the Employment Appeals Tribunal. We have strengthened inspection and enforcement mechanisms.
Recent media coverage of abuses were a timely reminder of why the Government set up the National Employment Rights Authority as a key outcome of the social partnership process. The issues highlighted in the media are disturbing. However, these issues are not unknown to us. In over 20,000 workplace inspections so far this year, the authority has determined an average breach rate of 21%. It has had considerable success since it started operations in 2007 in ensuring abuses of workers rights and entitlements will not go unchecked.
Additional information not given on the floor of the House.
However, no matter how efficient an inspectorate we have, not every case of exploitation will be caught. That is why one of the best defences we have against abuse of workers is good quality information and ease of access to redress — both of which will empower the individual vulnerable worker to take the matter further. Information and good communication of workers' rights is a key element of employment rights compliance. Great emphasis is put on this by NERA, which reproduces its employment rights information in 12 languages and has 80 labour inspectors currently active who are skilled in foreign languages. These efforts are complemented greatly by the contribution that is made by the social partners — both trade unions and employers — as well as the established employment rights bodies to greater awareness of responsibilities and rights in the workplace.
The ability to prosecute employers who do not comply with the law is also a necessary tool in ensuring that employees statutory employment rights are respected and NERA has such a remit. In 2007, NERA referred 98 cases to the Chief State Solicitor's office for prosecution with 80 prosecution cases commenced to date in 2008.
Anyone who watched the "Prime Time Investigates" report last week was appalled at what it showed happening in some workplaces. Does the Minister of State agree that because our economy is contracting, employers, desperate to make savings, will be under pressure to exploit migrant workers? Does he agree the exploitation of these workers is not just undercutting Irish jobs, but also responsible employers trying to employ people in line with existing employment legislation?
How many labour inspectors have been appointed? The Employment Law Compliance Bill was published on 13 March 2008 but the Minister of State claims it will at least be February of next year before Second Stage is even debated. Why has there been a delay of 12 months in debating and putting this legislation in place?
Does the Minister of State agree the National Employment Rights Authority needs to increase fines and provide for more serious penalties for employers who blatantly break employment legislation? That cannot happen without primary legislation being put in place. What has the Minister of State been at that he has not brought in this legislation yet?
The Deputy is correct that when there is a change in the economic environment, pressures are on. We do not anticipate the labour inspectors taking it any easier. They have been enforcing employment legislation and have taken several prosecutions. The Chief State Solicitor's office has been brought in to ensure prosecutions are taken.
In the context of the recent media coverage of the haulage industry, it is important that the National Employment Rights Authority enforces the payment of the fines side of the legislation. The Road Safety Authority must enforce other aspects of the legislation referred to in the "Prime Time Investigates" programme. No collective agreements apply to the haulage industry as the minimum wage is the baseline in that sector. NERA is enforcing payment to ensure unscrupulous employers are found out. Considerable amounts of arrears have also been collected. I get representations from all sides of the House in the context of NERA being over-vigilant. We have 81 labour inspectors on the ground ensuring that employment law is complied with. I will not stand for employers using the downturn in the economy to potentially exploit Irish workers or people here on work permits. NERA is vigilant in that area.
I accept the point made by the Minister of State. On some occasions NERA can deal with minor, technical breaches but I refer to blatant flouting of the law. Why are we still nine inspectors short, some 12 months after they were supposed to be put in place? In light of the comments of the Minister of State on the "Prime Time Investigates" programme to the effect that road traffic legislation is not the responsibility of his Department, are the joint labour teams that were to be up and running set up? Are there plans to include the Department of Transport or the Road Safety Authority, RSA, in those joint investigation teams?
In my first reply I failed to refer to the employment law compliance Bill. It will be published in the early stages of the next parliamentary session. Labour inspectors can go about their business because they are set up on an interim basis and have all the statutory supports in terms of enforcing employment rights legislation. They are out and about in an effective manner.
Last June, prior to the "Prime Time Investigates" report, NERA met with the RSA to discuss areas where the bodies could mutually accommodate each other. That will continue and NERA will be involved in joint inspections in the context of the RSA, the Revenue Commissioners and the Department of Social and Family Affairs. These issues are occurring on a continual basis. NERA has taken prosecutions and has uncovered breaches of terms and conditions and arrears have been collected on behalf of workers who did not receive the full entitlement of pay and conditions.
