I propose to take Questions Nos. 20, 22 and 23 together.
In accordance with commitments given under Towards 2016, the Social Partnership Agreement, the number of Inspectors in the National Employment Rights Authority was scheduled to increase from 31 to 90. Competitions were held in 2007 for the recruitment of the additional fifty-nine Inspectors and, fifty-nine inspectors have been assigned to NERA from these competitions.
All new inspectors have completed the NERA Inspection Services Introductory Training Programme and are currently undertaking further training, including on-the-job training with experienced inspectors. This involves working with experienced Inspectors in conducting inspections and other associated enquiries at places of work with a view to determining compliance with certain employment rights legislation.
Ten Inspectors have left NERA over the past year as a result of promotion or internal and external Departmental transfers and re-assignments. As a result, the total number of NERA Inspectors currently stands at eighty.
Competitive selection processes will take place later this month to fill existing vacancies and future vacancies as they arise.
The number of employment rights inspections/visits/calls undertaken by the Inspection Services of the National Employment Rights Authority in the year to the end of October 2008 was 25,155. During the same period in 2007 some 11,380 inspections/visits/calls were undertaken.
Of the 25,155 inspections/visits/calls to the end of October 2008, breaches were detected in 4,212 cases. In the same period in 2007, breaches were detected in 2,037 cases. To the end of October 2008, €2.05 million in underpayments of wages due to employees has been recovered by NERA Inspection Services compared to €2.25 million for the corresponding period in 2007.
The outputs and outcomes to date in 2008 reflect the focused and targeted activities being undertaken by NERA in relation to employment rights promotion and compliance and the increased number of NERA Inspectors.
The number of inspections carried out in relation to the National Minimum Wage Act, 2000 during which breaches of the Act were detected and the number of prosecutions initiated is as follows:
in 2006: 2,002 inspections were undertaken; in 104 cases breaches were detected and in one case a prosecution was initiated.
in 2007: 1,942 inspections were undertaken; in 192 cases breaches were detected and no prosecutions were initiated.
in 2008: 2,824 inspections have been undertaken to 31st October; in 248 cases breaches have been detected and in two cases prosecutions have been initiated.
In one case, at the direction of the District Judge, at the commencement of the trial, the parties entered into a compromise agreement and the prosecution was withdrawn.
NERA undertook a targeted campaign, which focused on compliance with the National Minimum Wage Act 2000, during the period 14 April to 11 May 2008. Such campaigns, accompanied by awareness and promotional activities, are a significant feature of the National Employment Rights Authority's employment rights compliance and information strategy.
The primary role of the National Employment Rights Authority, in the case of breaches of employment rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees.
It should be noted that in the majority of cases, employers rectify breaches of employment law and pay underpayments of wages due to employees without prosecution. However, the National Employment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation.
The Deputy should be aware that Rights Commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.