Details of the number of inspections under the Organisation of Working Time Act 1997 for the years 2000, 2001, 2002 and 2003, respectively, are 2,088, 1,163, 1,005 and 1,193. From January 2004 to 26 March the figure is 215. Figures for the previous years are not readily available. In this regard, however, it is to be noted that the Act came into operation on a phased basis commencing on 30 September 1997, with full implementation of the Act not taking effect until 1 March 1998.
Concerning prosecutions and convictions, the position is that in the years 2000, 2001 and 2002 there were three, six and three prosecutions, respectively, and for the same years the conviction figures are three, four and three, respectively. There are no prosecutions or convictions recorded for 2003 or, to date, in 2004.
The Deputy may wish to note that enforcement of the provisions of the Organisation of Working Time Act 1997 is by means of complaint to a rights commissioner and, accordingly, recourse for individuals, who are seeking redress in respect of their employer's non-compliance with the provisions of the Act, is available through that service of the Labour Relations Commission.
The labour inspectorate's role is limited to the records provisions of the Act only. In this connection, when inspectors are pursuing complaints concerning alleged infringements of other employment rights entitlements, they will check that an employer, in accordance with the prescribed format required by the Act, is maintaining relevant records.
Regarding the working hours of doctors in training, which are the responsibility of the Minister for Health and Children, these were excluded from the scope of the original working time directive and, therefore, are not covered by the Organisation of Working Time Act 1997. However, amending Directive 2000/34/EC extends the original directive to doctors in training and the deadline for transposing that directive into Irish law in respect of such doctors is 1 August 2004.
Regarding the review of Directive 93/104/EC concerning certain aspects of the organisation of working time, the European Commission has addressed a communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions. By way of contribution to the review I have sought the views of the social partners. On completion of the review by the Commission it will invite the social partners, at EU level, to reach an agreement on an amendment of the directive failing which the Commission itself will bring forward a proposal.
