Employment Rights.

Dáil Éireann Debate, Wednesday - 1 April 2009

Wednesday, 1 April 2009

Questions (29, 30, 31)

Emmet Stagg

Question:

41 Deputy Emmet Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of labour inspectors employed by the National Employment Rights Authority; the number of labour inspectors available for assignment on normal duties; the number of labour inspectors in training following recruitment; the status of the recruitment campaign to increase the labour inspectorate to 90 inspectors; and if she will make a statement on the matter. [13363/09]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher)

Recruitment competitions have been held to bring the number of Inspectors from the original level of 31 Inspectors up to the level of 90 committed to under Towards 2016. Sixty inspectors were assigned to NERA from these competitions. All NERA inspectors were recruited by way of competitive procedures, including internal competition within the Department of Enterprise, Trade and Employment, competition among staff of other Government Departments and a selection process undertaken by the Public Appointments Service to recruit ten inspectors with language skills. 13 Inspectors have left NERA over the past year as a result of promotion or internal and external Departmental transfers and re-assignments. As a result, the total number of NERA Inspectors currently stands at 78.

All new inspectors are required to complete the NERA Inspection Services Introductory Training Programme and to undertake further training, including on-the-job training with experienced inspectors. This involves working with experienced Inspectors in carrying out inspections and other associated enquiries at places of work with a view to determining compliance with certain employment rights legislation. 59 inspectors have completed the Introductory Training Programme to date and are now actively involved in inspection duties. 1 inspector has recently taken up duty and has commenced training. The Minister for Finance recently introduced a moratorium on the filling of vacancies until the end of 2010, in light of which NERA will not be in a position to fill current and future Inspector vacancies during that timeframe.

Róisín Shortall

Question:

42 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of workplace inspections carried out by the labour inspectorate in 2008; the way this compares with the same period in 2007; and if she will make a statement on the matter. [13364/09]

Mary Upton

Question:

53 Deputy Mary Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the more than 4,600 breaches of employment law reported in the annual review of the National Employment Rights Authority; the steps she will take to ensure a higher level of compliance with employment law; and if she will make a statement on the matter. [13359/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher)

I propose to take Questions Nos. 42 and 53 together.

In 2008, the National Employment Rights Authority, (NERA) conducted nearly twice as many workplace inspections, as the 2007 level — almost 28,000 workplace inspections in 2008 as against just fewer than 14,500 in 2007. This increased level of inspection activity is of course reflective of the greater level of Inspectorate resources available to NERA which currently stand at 78 inspectors as opposed to the original level of 31 inspectors.

Since it commenced operations on an interim basis in 2007, NERA has had considerable success in ensuring that abuses of workers rights and entitlements do not go unchecked. Early in 2008, NERA undertook a nationwide information and awareness campaign, which has been instrumental in bringing about a much greater level of awareness both by employers and by employees of their respective rights and obligations under employment law. This information and awareness role continues to play a significant part in NERA's employment rights compliance and information strategy and is one that I believe will prove to be more beneficial in the longer term in bringing about a greater compliance culture.

As regards the level of breaches detected in 2008, which are reported at 4,629 in NERA's 2008 annual review, this represented a virtual doubling of the level detected in 2007 i.e. 2,344 and there is a correlation between the increase in the level of inspections undertaken to the level of breaches detected. It must be recalled that, where breaches are detected, NERA's primary objective is to seek compliance with the relevant legislation and rectification of any breaches identified, including redress for the individual(s) concerned and payment of any arrears due to employees. The fact that arrears due to employees totalling €3.1m were recovered in 2008 suggests that NERA has been successful in achieving compliance through negotiation with employers stressing compliance as opposed to initiating prosecutions in all cases.

The Government committed in Part 2 of the 10 Year Framework Social Partnership Agreement, Towards 2016, to a series of measures to greatly increase public confidence in the system of employment law compliance. The Employment Law Compliance Bill 2008, which recently concluded Second Stage reading in this House is designed to give effect to those commitments upon enactment.