Micheál Martin (Cork South Central, Fianna Fail)

I propose to take Questions Nos. 112 and 115 together.

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers, including immigrant workers. The inspectorate operates without 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 other workers. In the area of pay and conditions, it is primarily the provisions of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 that apply to employees employed in domestic service. I have no function in the introduction of employment regulation orders, EROs. Such powers are vested in joint labour committees and the Labour Court.

Section 36 of the Industrial Relations Act 1946 provides that an application for the establishment of a joint labour committee can be made to the Labour Court by the Minister, or a trade union or any organisation or group of persons claiming to be representative of relevant workers or of relevant employers. The possibility of establishing a joint labour committee, under the auspices of the Labour Court, has been mooted and is under examination in my Department to determine the feasibility of that approach, including enforcement difficulties arising from provisions in our Constitution and in the European Convention on Human Rights.

The Labour Relations Commission commissioned the University of Limerick to carry out a review of the JLC system in 2005. Arising from this review and following bilateral consultations with the social partners and stakeholders, the Department has prepared a paper that will be used as the basis for implementation of the review in further consultation with the social partners and stakeholders, in the context of the forthcoming partnership talks. The issue of a JLC for domestic workers, and proposals for new JLCs for other sectors, will be considered in this context.

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