Dáil Éireann Debate, Wednesday - 10 December 2008
77 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment when cross-Departmental joint labour investigation teams will be operational; and if she will make a statement on the matter. [44649/08]
View answer89 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures she is considering to improve enforcement of employment law. [44923/08]
View answer118 Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment when the National Employment Rights Authority will be established on a statutory basis; and if she will make a statement on the matter. [44907/08]
View answerI propose to take Questions Nos. 77, 89 and 118 together.
The Employment Law Compliance Bill 2008 is designed to give effect to shared commitments in Part 2 of the 10 Year Framework Social Partnership Agreement, Towards 2016, to greatly increase public confidence in the system of employment law compliance. The establishment of a new, statutory office to secure better compliance with employment law through information and enforcement activities, supported by up to 90 Labour Inspectors with extensive powers, formed one aspect of these commitments.
Further to the Transitional Agreement under Towards 2016 concluded in September last, an intensive consultation process is currently underway with the stakeholders with a view to finalising issues in the Bill. Discussions are also taking place with the Office of the Attorney General on any remaining amendments and draft provisions. The intention is to have all outstanding work on the Bill completed without delay so that the Bill can proceed to Second Stage early in the first Dáil term of 2009. The National Employment Rights Authority (NERA) will be established one month after the Employment Law Compliance Bill 2008 is signed into law by the President.
We have already strengthened inspection and enforcement. Recent media coverage of abuses were a timely reminder of why the Government set up the National Employment Rights Authority (NERA) as a key outcome of the Social Partnership process. The issues that have been highlighted are disturbing. However, these issues are not unknown to us — in over 20,000 workplace inspections this year, NERA has determined an average breach rate of 21%. NERA has had considerable success since it started operations in 2007 in ensuring that abuses of workers rights and entitlements will not go unchecked.
The Social Partnership Agreement ‘Towards 2016', provides for greater co-ordination between organisations concerned with employment rights compliance, with a view to realising the considerable potential for synergy that exists in this area. In particular, the Agreement provides that authorised officers of the National Employment Rights Authority (NERA) will join with officers of the Department of Social and Family Affairs and the Revenue Commissioners to work together in Joint Investigation Units. The role of these Joint Investigation Units, or JIUs, is to address areas where evidence suggests that non-compliance with employment rights legislation exists.
The Social Welfare and Pensions Act, 2007, which came into operation on 30th March, 2007, provides for the disclosure of relevant employment data between the Office of the Revenue Commissioners, the Minister for Social and Family Affairs and the Minister for Enterprise, Trade and Employment/NERA. This legislation effectively enables NERA to join with the Department of Social and Family Affairs and the Office of the Revenue Commissioners to work together in Joint Investigation Units.
Since the enactment of the Social Welfare and Pensions Act, 2007, exchange of information activity has taken place between the bodies in a number of specific cases. In addition, JIUs, involving NERA with Revenue and/or Social and Family Affairs have also taken place. In 2007, joint investigation activity, involving NERA for the first time, took place during the Construction Industry Campaign in May-July 2007. In 2008, joint investigation activity has been undertaken in a number of sectors including the catering, the hotel and the haulage sector.
The three inspectorates are proactively promoting and encouraging joint activity at a central and local level. I understand that a series of regional meetings have been held recently involving the relevant inspectors in those regions. These meetings have ensured that all officers understand their respective roles and potential synergies arising from working together within the parameters set out in the legislation.
