I propose to take Questions Nos. 75, 140 and 141 together.
No distinction is made in employment rights legislation between Irish and migrant workers. For the avoidance of doubt section 20 of the Protection of Employees (Part-Time Work) Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996. This directive relates to the posting of workers in the framework of the provision of services and applies also to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus, all employee legislation applies to migrant workers.
The general approach adopted by the labour inspectorate to employment rights enforcement is to seek compliance and rectification of any breaches identified, including payment of any arrears due to employees. Inspectors pursue allegations of worker mistreatment and seek redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated. Successful prosecution can be dependent on adequate support from witnesses.
Following the Minister's announcement on 12 April last there are now 31 inspector posts sanctioned for the labour inspectorate. This represents almost a doubling of inspector personnel in the past 12 months and is indicative of a determination to ensure compliance with employment rights legislation. Following a recent selection process the labour inspectorate now has its full complement of 31 inspectors.
When the full complement of officers are fully operational they will concentrate on those employment sectors that have traditionally required considerable attention from the inspectorate. These would be the services sectors that are covered by employment regulation orders such as hospitality, cleaning and agricultural work. It is notable that many migrant workers are employed in these sectors at present.
Work has been progressing with regard to the discussion document prepared in connection with the mandate and resourcing of the labour inspectorate. The discussion document covers 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 social partners, together with representatives from the Departments of the Taoiseach and Finance, are members of the Employment Rights Compliance Group, ERCG, that is considering the discussion document. It is anticipated that the ERCG will conclude its business in January 2006.