Micheál Martin (Cork South Central, Fianna Fail)

The labour inspectorate undertook an investigation of allegations made in this House on 8 February 2005 regarding compliance by Gama Construction Ireland Limited with certain employment rights provisions.

A report on the investigation was prepared and circulated to relevant parties, including Gama Construction Ireland Limited. The outcome of an interlocutory hearing on a judicial review brought subsequently by Gama Construction Ireland Limited with regard to the investigation and inspector's report was that the Department was restrained from publishing the inspector's report but permitted to forward the document to relevant prosecutorial bodies. Accordingly, a copy of the inspector's report was sent to the Department of Social and Family Affairs, the Revenue Commissioners, the Office of the Director of Public Prosecutions, the Competition Authority, the Office of the Director of Corporate Enforcement and the Garda Commissioner.

The inspector's report was quashed in the judgment on 23 June 2005 that followed the full High Court hearing of the case. That decision is being appealed to the Supreme Court. The Supreme Court may be in a position to hear this case early next year. I am unable to elaborate any further on the content of the inspector's report or offer any observations on the actions, including prosecutions, that the prosecutorial bodies mentioned above may be considering.

Our main concern was to ensure that all Turkish workers would have access to the money that had been transferred to their bank accounts in Finansbank in Amsterdam. In this regard, following meetings with senior management from Gama International and Gama Construction Ireland Limited, and contacts with the president of Finansbank, SIPTU and Deputy Joe Higgins, I am satisfied that a substantial number of Turkish workers who were in Ireland around last April received value for the funds that had been transferred to their personal bank accounts in Finansbank. The Department has tried but ultimately failed to verify whether all Gama Construction Ireland Limited workers received value for these transfers. I am not in a position to assure the Deputy that all Gama Construction Ireland Limited workers in Ireland, both past and present, have received value for the amounts that were transferred into their personal accounts in Finansbank. However, my Department estimates that the Gama Construction Ireland Limited workers have benefited to the extent of €20 million as a result of the investigation. The labour inspectorate's inquiries into compliance by Gama Construction Ireland Limited are continuing.

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