Dáil Éireann díospóireacht -
Tuesday, 2 Dec 2003

Vol. 576 No. 1

Written Answers. - Employment Conditions.

Brendan Howlin

Ceist:

143 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of cases in which prosecutions were taken by the labour inspectorate in 2000, 2001, 2002, and to date in 2003; the legislation under which the cases were brought; the sentences imposed upon successful conviction in each case; and if she will make a statement on the matter. [28995/03]

Brendan Howlin

Ceist:

144 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of cases investigated by the labour inspectorate in 2000, 2001, 2002 and to date in 2003 which involved the suspected infringement of labour laws in respect of non-national workers; the number of successful prosecutions brought in 2000, 2001 and 2002 which involved the infringement of labour laws in respect of non-national workers; and if she will make a statement on the matter. [28996/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey)

I propose to take Questions Nos. 143 and 144 together.

In the tables that follow details are set out of the activity of the labour inspectorate and legal services units in my Department over the period 2000 to date.

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including non-national workers. Where allegations of worker mistreatment are received the inspectorate pursues these and if evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individuals concerned and also, if appropriate, a prosecution is initiated. The statutory employment rights and protections that apply to native Irish workers also apply to non-national workers in the same manner. In this regard, the inspectorate operates without any differentiation with respect to worker nationality. Similarly, statistical data does not specifically identify or differentiate the activity undertaken by the labour inspectorate or the legal services unit that may particularly concern non-national workers.

Year 2000

The labour inspectorate completed 14,167 inspections/visits in year 2000. This included a particular emphasis on checking compliance with the recently introduced national minimum wage.

Legislation	Prosecutions	Convictions	Settled or Withdrawn	Fines €
National Minimum Wage Act	0	0	0	0
Industrial Relations Act	7	7	0	3,150
Organisation of Working Time Act	3	3	0	1,700
Protection of Young Persons (Employment) Act	3	3	0	200
Payment of Wages Act	3	3	0	900
Protection of Employment Act		0	0	0
Employment Agency Act	0	0	0	0
Totals	16	16	0	5,950

Year 2001

The labour inspectorate completed 6,474 inspections/visits in year 2001.

Legislation	Prosecutions	Convictions	Settled or Withdrawn	Fines €
National Minimum Wage Act	1	1	0	50
Industrial Relations Act	9	5	4	1,000
Organisation of Working Time Act	6	4	2	250
Protection of Young Persons (Employment) Act	9	9	0	8,700
Payment of Wages Act	4	4	0	1,400
Protection of Employment Act	0	0	0	0
Employment Agency Act	0	0	0	0
Totals	29	23	6	11,400

Year 2002

The labour inspectorate completed 8,323 inspections/visits in year 2002.

Legislation	Prosecutions	Convictions	Settled or Withdrawn	Fines €
National Minimum Wage Act	5	3	2	850
Industrial Relations Act	3	3	0	910
Organisation of Working Time Act	4	3	1	950
Protection of Young Persons (Employment) Act	12	12	0	18,070
Payment of Wages Act	4	3	1	1,210
Protection of Employment Act	1	1	0	500
Employment Agency Act	0	0	0	0
Totals	29	25	4	22,490

Year 2003

Up to 1 December 2003, the labour inspectorate completed 6,835 inspections/visits

Legislation	Prosecutions	Convictions	Settled or Withdrawn	Fines €
National Minimum Wage Act	0	0	0	0
Industrial Relations Act	4	1	3	2,250
Organisation of Working Time Act	0	0	0	0
Protection of Young Persons (Employment) Act	20	19	1	149,650
Payment of Wages Act	0	0	0	0
Protection of Employment Act	0	0	0	0
Employment Agency Act	1	0	1	0
Totals	25	20	5	151,900