James Lawless (Kildare North, Fianna Fail)

The Deputy is likely aware that the rate of pay of an apprentice is a contractual matter between the employer and the apprentice, depending on the nature of the apprenticeship. If it is a craft or consortia-led apprenticeship, it may come under a sectoral employment order, but it is sometimes governed by contract. Breaches of the contract, if any, come under the remit of the Payment of Wages Act 1991, which is a matter for my colleague, Deputy Peter Burke, as the Minister for Enterprise, Tourism and Employment.

One of the key strengths and mechanisms of the apprenticeship system overall is the ETB training adviser. Each apprentice is assigned a training adviser, who serves as a vital link between SOLAS, the education provider, the apprentice and the employer. That adviser supports the apprentice through on-the-job and off-the-job training modules. One of the functions of the training adviser is to support apprentices in understanding and exercising their rights, both under the SOLAS apprenticeship code of practice for employers and apprentices and, more broadly, under employment legislation. If an employer fails to pay the agreed rate, or there is any other breach of the requirements, the training adviser can raise that issue directly with the employer. The adviser can intervene on the ground and remind employers of their obligations, including legal ones, such as the requirement to have a written contract in place with the apprentice. Every apprentice who is entitled to a contract should have a contract. That is part of the employment relationship. In cases, if they arise, where an employer fails to provide suitable work, despite interventions from the training adviser or SOLAS, SOLAS can institute sanctions progressively. Where necessary, SOLAS can intervene to prohibit an employer from registering apprentices again for an indefinite period.

In 2016, the Government introduced a new consortia-led model of apprenticeship, which the Minister of State, Deputy Harkin, and I are rolling out further. Under this model, every new apprenticeship programme includes a worker representative on the steering group. Again, that representative advocates for apprentices’ interests, including matters relating to pay and on-the-job training. I am considering models to roll out that governance and strengthen it further.

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