Bertie Ahern (Dublin Central, Fianna Fail)

To answer the last question, we are examining last weekend's decision. The Government has to take its own action because the whole system of the JLCs, which are statutory bodies, as Deputy Gilmore and I fully understand, was established under the Industrial Relations Act and their role has always been to fix the minimum rates of pay and the regulation of employments. The system was undermined by this decision. We already had a commitment in Towards 2016 to modernise the operation of the joint labour committees and that is ongoing under the auspices of the Labour Court. This case was not foreseen but it was not intended to consider the legislative aspects of the system. We must examine that now because similar actions could be taken in other areas.

I was surprised by the action of the Irish Hotels Federation in this area but that is its entitlement. We must now examine the system. This system has worked well. It was set up in under a clause in the 1946 Act and it regulated these sectors fairly well for many years. We are considering the implications but the legal position must be examined because JLCs are statutory bodies under the 1946 Act and if they are struck down we must examine that.

On the other issue, the Minister, Deputy Martin, and I accept the point that we must try to finalise these legislative matters and that is what the Government wants to do. Last autumn, we approved the drafting of the employment law compliance Bill to give effect to the relevant provisions of Towards 2016. That included the appointment on a statutory basis of the director of the National Employment Rights Authority, NERA, which has now been working for 12 months on an interim basis, to secure better compliance with employment law through information and enforcement activities. It is supported by 90 labour inspectorates, an increase of 59 over the number a year ago, and the appointment of a statutory tripartite advisory body to advise the director on those activities.

The social partners were invited to nominate members of the interim advisory board. The Bill will extend the remit of NERA inspection services to include enforcement of the Employment Permits Acts of recent years. Drafting of the Bill, which involves the amendment of over 30 enactments, is proceeding and it is hoped the Bill will be published this month.

The regionalisation of the NERA inspection services is also progressing. It is now headquartered in Carlow but it has offices in Dublin, Cork and Shannon and premises in Sligo, which will be operational in about a month. The Department of Finance sanctioned 59 labour inspectorate posts. All the positions have been filled following a recruitment campaign. An additional 47 inspectors have been appointed and the remaining 12 will take up their positions shortly.

Regarding the labour inspectors, the Deputy's point about the action and the cases in the courts, the labour inspectorate, or NERA, as it is now called, has dealt with 14,200 calls and inspections. I understand the reason there are not prosecutions in most cases is because the companies pay the arrears as a result of the inspection and correct the procedures. The inspectors do not then proceed on actions but they call back. It is to try to clean up arrangements. The inspectors are active and are coming down hard on those who do not pay the minimum wage. They are watching the rights of the new Irish, the foreign workers, and they are examining the area of permits. They are dealing with any cases brought to the attention of NERA by organised workers or the public.

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