I am answering this question on behalf of my colleague, Deputy Tom Kitt, who is at an international labour conference.
I understand this question refers to the employment rights of non-nationals. I am aware of reports on the treatment of certain non-nationals placed in employment here on foot of work permit applications. Any abuses of statutory employment rights and protections that immigrant workers may have been subjected to are to be unreservedly condemned and we are on record in this regard already.
In recognition of the increasing workload of the labour inspectorate, the Government in December 1999 made a decision to strengthen the service to 17 personnel by appointing seven additional authorised officers. These officers operate objectively and without any differentiation with respect to nationality, as all employees in this country are entitled to the protection of Irish employment rights legislation. Employment rights legislation establishes the minimum statutory rights applicable to all 1.8 million people working in Ireland, whether part-time or full-time, high or low skill or whether they are Irish citizens or otherwise. Inspectors, as authorised officers, enforce these entitlements and carry out investigations under the provisions of the various enactments. In this regard the inspectorate can pursue allegations of workers being subjected to excessive working hours, illegal deductions, non-payment of compensation for Sunday working or of holiday-public holiday pay, etc. Inspectors seek to ensure that employers become compliant and pay any sums due to employees. Last year arrears of £283,998 were recovered for employees and, to the end of May this year, £102,134 has been recovered for employees. If compliance is not achieved, prosecutions are initiated or employees advised of the recourse route available to them under legislation, for example, to a rights commissioner, an employment appeals tribunal, etc.
Additional Information.In liaison with the work permits section of our Department the labour inspectorate is concentrating its activities on sectors which have a high level of immigrant workers, for example, agri culture, hotels and catering, the services sector, and retailing.
Consultants, PricewaterhouseCoopers, are in the process of finalising a review of the processes and supporting systems in the employment rights information, inspection and enforcement functions. While the consultants are recommending more staff and resources for some of the functions mentioned, they point out that there are administrative and structural issues that need to be addressed.
Preparatory work is under way on the introduction of legislation on work permits. The legislation, which is anticipated for autumn next, will establish work permits on a statutory basis. Work has been completed on the revision of the work permit application form which will ensure that prospective immigrants are alerted to relevant key provisions of Irish labour legislation. In addition, an explanatory leaflet in eight languages is now available.