Micheál Martin (Cork South Central, Fianna Fail)

The Employment Law Compliance Bill currently being drafted by the Parliamentary Counsel is designed to secure better compliance with employment law in accordance with the provisions of part 2, sections 11 to 16 of Towards 2016, the ten-year framework social partnership agreement. Drafting of the Bill is proceeding for Government consideration as soon as possible.

The main provisions of the Bill include the establishment of a new statutory office of Director of the National Employment Rights Authority, dedicated to employment rights compliance, with a tripartite advisory board. The Bill will also include provisions to secure better compliance with the Employment Permits Acts 2003 and 2006 providing for the involvement, for the first time, in the enforcement of provisions of those Acts by the director of the National Employment Rights Authority.

The Bill will also strengthen inspection and enforcement powers of labour inspectors and make other necessary provisions to secure compliance with employment law as well as fostering increased co-operation at workplace level so as to safeguard employment rights generally.

In addition, the Bill does the following: specifies the statutory employment records to be kept by employers for all employees and the high penalties for failure to do so or for other breaches of employment law, fosters increased co-operation at workplace level so as to safeguard employment rights, supports current monitoring and inspection activity for compliance with the registered employment agreement in the electrical contracting sector, provides for exchanges of information between statutory enforcement authorities so as to facilitate joint investigations of employment suspected of contravening the law and strengthens the powers of the Minister for Enterprise, Trade and Employment to initiate investigations and publish the outcome in cases of public interest.

In addition, proposals for an employment agency regulation Bill to update and strengthen the regulation of the employment agency sector have now been finalised. I intend to submit a memorandum to the Government as soon as possible seeking approval for the drafting of the Bill by the Parliamentary Counsel to the Government. Publication of the proposed employment agency regulation Bill continues to be a priority for Government. The Bill will provide for the licensing of employment agencies, which will maximise the agreed objectives in Towards 2016 while at the same time remaining consistent with EC treaty provisions as interpreted by European Court of Justice rulings in the case of posted and agency workers.

In addition, adherence to a statutory code of practice will be a condition for the granting of a licence in Ireland under the Bill. As a statutory code, overseas employment agencies will also be subject to compliance with its terms. The Bill will also provide for the setting up of a monitoring and advisory committee to advise me on the sector and assist me in the drawing up of the code of practice.

Overall, the new Bill will repeal and replace the Employment Agency Act 1971 and regulations made under it which currently regulate the employment agency sector.

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