Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank Deputy O'Reilly for raising this issue as well as for her engagement in committee on this issue. As we saw with the recent introduction of an SEO for the construction sector, these are important tools for our workers and must be enforced. It is the role of the WRC to inspect and I am open to further considering its role and powers to ensure SEO minimum rates of pay and terms and conditions are fully upheld and enforced.

The WRC is an independent statutory office under the aegis of my Department. Its primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation and advisory services. WRC inspectors have specific powers relating to accessing workplaces, inspecting, copying or taking records, and the questioning of persons in a workplace. It is an offence to obstruct or interfere with an inspector, provide false information or documents to an inspector, or impede an inspector in carrying out his or her duties.

While WRC inspectors operate on a compliance model basis and focus on bringing instances of breaches of employment law into compliance, inspectors also have robust enforcement instruments available to deal with continuing or persistent events of non-compliance. These instruments include criminal prosecution, compliance notices and fixed penalty notices. Inspectors may be accompanied by members of An Garda Síochána or other inspectors where necessary. In 2022, 103 inspections were carried out with An Garda Síochána, 113 joint inspections with officers of the Department of Social Protection and 57 joint inspections with officers of the Revenue Commissioners.

In 2022, WRC inspectors closed 3,943 inspection cases and carried out 5,820 inspection site visits. More than €1.4 million in unpaid wages was recovered and returned to employees. Eighty-nine employers were prosecuted in 2022, with successful outcomes in 69 cases. Where matters cannot be resolved at an employer or trade union level, redress for complaints claiming non-compliance by employers in sectors subject to statutory orders should be directed to WRC adjudication and conciliation services.

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