Damien English (Meath West, Fine Gael) | Oireachtas source

I would love to engage in more detail with the Deputy specifically on local authorities, but for whatever reason the reference was left out of the text as it appeared in the list of Topical Issue matters so I cannot address it. I will certainly gather any information she wants on that space as well. There are agencies with responsibility for this - principally, Revenue, the Department of Social Protection and the WRC, which have specific units to deal with the issue. They work with anybody who issues State contracts. Most importantly, they work on information, feedback and evidence or any suggestion of improper behaviour on a site. Any evidence or data the Deputy has, or if someone has come to her, can be fed into the system and addressed. I am familiar with the work of the bodies, which I have seen on many occasions. I have seen them in operation on sites. The agencies go in together as a team to deal with concerns and they follow up on issues. They cannot track every site or every contract, but they monitor a selection of sites. They most certainly act on information, so I urge the Deputy to bring forward any evidence she may have, and I will have it dealt with as well. In most cases, it is clear whether an individual is employed or self-employed. The Deputy is correct: I am not naive. We know what goes on, but to be fair, the majority of employers are sound and good employers and we must keep reaffirming that. While there will always be some that we are not happy with, we must recognise the majority are decent employers, who stepped up during Covid as well.

Where there is doubt regarding the employment status of an individual, the relevant Department and agencies will have regard to the code of practice for determining his or her status. A great deal of work is under way in this area and the revised code of practice on determining employment status will reflect recent case law. It will help us address other issues outside the construction sector, because there are other areas of concern that we want to deal with as well.

The matter was discussed recently at a meeting of the Labour Employer Economic Forum subgroup on employment and enterprise, which is chaired by the Tánaiste, with the participation of the Department of Social Protection, Revenue and the WRC. At that meeting, the Tánaiste requested that officials continue to explore fully all issues relating to the determination of employment status to better capture the realities of new and legitimate forms of work. As the Deputy will be aware, that is something in which he has a strong interest and he is determined to take any action that is required. That process has commenced and is ongoing.

At EU level, a second phase consultation of social partners on a possible action addressing the challenges relating to working conditions in platform work has been launched. The Government takes all exploitation of workers very seriously. There are robust enforcement bodies working together on the ground, with an agreed code of practice for dealing with complaints of bogus or false self-employment. Any worker, Deputy or colleague who has information or concerns about a person's employment and PRSI status should contact the Department of Social Protection, Revenue or the WRC and the matter will be investigated. I assure the Deputy that if she has any evidence to give me that I will make sure it is investigated.

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