Gerald Nash (Louth, Labour) | Oireachtas source

I thank Deputy Tóibín for raising this issue. Ireland has a well-resourced and proactive labour inspectorate in the form of the Workplace Relations Commission. Inspections are undertaken on the basis of risk analysis which identifies certain sectors as a result of complaints received and on a routine basis. Where the inspection service receives complaints of bogus self-employment or bogus subcontracting, they are forwarded to the Revenue Commissioners or the Department of Social Protection's Scope section for investigation either solely by the recipient or jointly with the WRC.

In most cases, it will be clear whether an individual is employed or self-employed. Where there is doubt about the employment status of the individual, the relevant Departments and agencies will have regard to the code of practice for determining employment or self-employment status of Individuals. This code was drawn up and agreed in 2007 by the Office of the Revenue Commissioners, the Department of Social and Family Affairs, the Department of Enterprise, Trade and Employment, the Irish Congress of Trade Unions and the Irish Business and Employers Federation.

The Workplace Relations Commission has statutory authority to share information with both Revenue and the Department of Social Protection. Such information sharing takes place regularly between the Workplace Relations Commission inspectors and their counterparts in these bodies. In cases of mutual interest, joint operations may also be carried out. This exchange and sharing of information is a valuable element of the inspection process and contributes to uncovering non-compliance in the areas covered by the relevant bodies.

Having looked at this issue very closely over the last period of time, I believe this area needs further examination and closer attention. I am concerned that the law has not kept pace with the phenomenon of what might be termed bogus self-employment, a phrase with which I have become familiar in recent times. I would like to have the time to respond to this issue in the short period of time we have left available in the parliamentary term but the parliamentary clock is ticking. I have said publicly in the past week or so that if a mandate is renewed by the Irish people in the coming weeks, the approach I would like to take is to root out bogus self-employment in certain areas of the economy where it has become an issue. I will do so primarily by reforming the legal definitions of employment status to include a test determining the status of employment in keeping with Revenue guidelines and in line with recent European Court of Justice judgments.

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