Tony Killeen (Clare, Fianna Fail)

I propose to take Questions Nos. 100 and 101 together.

A comprehensive body of employment rights legislation is already in place. It has as its objectives the protection of employees against arbitrary behaviour by employers, provision for the safety and health of workers and to foster labour market harmony by promoting policies that minimise conflict and maximise fairness. While recognising the exceptional circumstances which have arisen in the maritime sector, it is important to remember that all labour law on the Statute Book applies to non-national workers working in this country in the same way as it applies to Irish workers. If a non-national worker feels he or she is being treated by his or her employer in a way which breaches any employee protection legislation, it would be open to him or her to refer a case for adjudication to a quasi-judicial body or person such as a rights commissioner, the Labour Court or the Employment Appeals Tribunal.

Following the announcement on 12 April last, 31 inspector posts are sanctioned for the labour inspectorate. This represents almost a doubling of the complement of inspectors in the past 12 months and is indicative of the Government's determination to ensure compliance with employment rights legislation.

Apart from strengthening staff resources, other initiatives are also under way. Arising from a commitment in 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. The document covered the full range of issues that impact on the operation of the labour inspectorate, extending from the legislative framework through to operational aspects and staff development. It has been well received among the social partners and the parties are well advanced in their consideration of the proposals, of which there are in excess of 40. The objective is to formulate a set of recommendations for Government and it is intended that the process will feed into and complement any future partnership discussions.

On 24 May last, I announced a programme of action in response to the report and recommendations of the review group on the role and functions of the employment rights bodies and following consultations with the various interested parties. This included the establishment of an employment rights group, ERG, comprising representatives of my Department, the employment rights bodies and the social partners. The ERG is to consider how best to simplify and streamline the complaints, appeals and enforcement procedures and documentation across the various employment rights bodies. It will also examine the extent to which common procedures and a simplified approach to the conduct of hearings or investigations can be adopted, leading to procedural simplification and improved customer service. Its work should be completed by the end of next year.

The concerns expressed by the Irish Congress of Trade Unions and SIPTU to which the Deputy refers raise complex legal and policy issues. The Government is, however, committed to taking whatever steps are feasible, through legislation or otherwise, to develop in partnership with ICTU and employers a meaningful package in the area of enhanced employment standards generally. Those issues can best be advanced through dialogue in the context of the partnership process.

I understand that the Irish Ferries dispute has been referred to the Labour Court, an independent statutory body that acts independently in carrying out its functions. I have no function regarding the decision-making process of the court.

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