I propose to take Questions Nos. 39, 40, 43, 100 and 115 together.
I am aware of the views of the chief executive of the chambers of commerce. The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.
It is to be noted also that under equality legislation it is not permissible to determine penalties by simple reference to nationality. In other words, it is entirely incompatible with equality legislation to have separate statutory penalties for breaches of employment legislation based on country of origin. At present, there is no decision to review these penalties.
Following the Minister's announcement on 12 April, there are now 31 authorised labour inspector posts. The additional inspectors will strengthen the labour inspectorate's capacity to ensure that workers receive their entitlements under employment rights legislation and will place a specific emphasis on sectors where migrant workers are concentrated. This significant increase — 50% — will allow the inspectorate to do much more of what it does best, that is, ensuring compliance with the law and ensuring workers get their entitlements.
Arising from paragraph 12.4 of the mid-term review of Sustaining Progress and to assist in the preparation of proposals for consideration by Government, a discussion document was prepared by the labour inspectorate on its mandate and resourcing. This comprehensive discussion document was prepared and circulated to the social partners in January of this year so that their views could be obtained. All the issues raised by the Deputies, including the need for professional support and the role of social partners, are considered in the document. In this regard, and in the light of the labour inspectorate's recent experiences, these issues are under active consideration.
The discussion document covered the full dimension of issues that impact on the operation of the labour inspectorate ranging from the legislative framework right through to the operational aspects and staff development. The discussion document also looked at a range of possibilities around the operation of the labour inspectorate and offered a spectrum of possibilities ranging from a compliance regime where the initiative would move more toward the complainant, with the labour inspectorate offering support, to a model where the right of initiative would be with the labour inspectorate which would conduct a hands-on approach.
The discussion document, which identifies 39 key proposals, is not prescriptive, rather it seeks to present the arguments for and against an extensive range of issues impacting on the mandate and associated resourcing of the labour inspectorate and its linked business units. In the absence of appropriate analysis, no particular model can be endorsed. However, the purpose of its inclusion is primarily to stimulate debate and signal that fundamental changes in approach should be considered. The discussion document has been well received among the social partners with some comments received and others awaited, although initial favourable views have been made known. An interactive phase on the discussion document will get under way shortly whereby the range of choices will be narrowed down and the issues raised by the Deputies will be considered in the context of the review.
I urge anyone who has specific evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.
