Billy Kelleher (Cork North Central, Fianna Fail)

I propose to take Questions Nos. 70 and 93 together.

The number of employment rights inspections, visits or calls undertaken by the inspection services of the National Employment Rights Authority in the year to the end of November 2008 was 26,787. During the same period in 2007 some 12,369 inspections, visits or calls were undertaken. Of the 26,787 inspections, visits or calls to the end of November 2008, breaches were detected in 4,407 cases. In the same period in 2007 breaches were detected in 2,290 cases. To the end of November 2008, €2.34 million in underpayment of wages due to employees has been recovered by the NERA inspection services compared to €2.48 million for the corresponding period in 2007.

The outputs and outcomes to date in 2008 reflect the focused and targeted activities being undertaken by NERA in respect of employment rights promotion and compliance and the increased number of NERA inspectors. The number of inspections carried out in respect of the National Minimum Wage Act 2000 during which breaches of the Act were detected and the number of prosecutions initiated is as follows. In 2006, 2,002 inspections were undertaken; in 104 cases breaches were detected and in one case a prosecution was initiated. In 2007, 1,942 inspections were undertaken; in 192 cases breaches were detected and no prosecutions were initiated. In 2008, 2,979 inspections have been undertaken to 30 November; in 258 cases breaches have been detected and in two cases prosecutions have been initiated. In one case, at the commencement of the trial, the parties entered into a compromise agreement and the prosecution was withdrawn on the direction of the District Court judge.

NERA undertook a targeted campaign, which focused on compliance with the National Minimum Wage Act 2000 between 14 April and 11 May 2008. Such campaigns, accompanied by awareness and promotional activities, are a significant feature of NERA's employment rights compliance and information strategy. The primary role of the authority in the case of breaches of employment rights legislation is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees. Employers rectify breaches of employment law and pay under payments of wages due to employees without prosecution in the majority of cases. However, the authority reserves the right to initiate prosecutions in respect of breaches of employment legislation. Rights commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.

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