Brendan Howlin (Wexford, Labour)
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Question 64: To ask the Minister for Enterprise, Trade and Employment if a report prepared by officials of his Department found that lack of staff, resources, training and legal support was hampering the pursuit of employers who exploit their workers; the steps being taken to address this situation, particularly in view of increasing reports of exploitation of foreign workers; and if he will make a statement on the matter. [12263/05]

Tony Killeen (Clare, Fianna Fail)
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Arising from paragraph 12.4 of the mid-term review of Sustaining Progress, and to assist in the preparation of proposals for consideration by Government, the labour inspectorate prepared a discussion document on its mandate and resourcing. This comprehensive document was circulated to the social partners in January of this year so that their views could be obtained.

The discussion document covered all issues that impact on the operation of the labour inspectorate, ranging from the legislative framework right through to the operational aspects and staff development. It also looked at a range of possibilities around the operation of the labour inspectorate and offered a spectrum of possibilities, ranging from a compliance regime where the initiative would move more toward the complainant, with the labour inspectorate offering support, to a model where the right of initiative would be with the labour inspectorate, which would have a hands-on approach.

The labour inspectorate, and the individuals therein, are very much to the fore in seeking compliance with employment rights legislation and, as such, interact at a range of levels in the workplace, i.e., with migrant workers, young people, the low-paid and the full range of management within the workplace. Accordingly, the inspectorate requires particular skills and this need has been addressed in the recent past through specialised training provided in the context of the performance management and development system operating in the Department. Examples of the structured and formalised training delivered specifically to the labour inspectorate in recent years would range from courtroom skills, competency development packages, specialised driver training, racism awareness and the safe pass training scheme to enable them operate on building sites. A particular emphasis has been maintained on team building and working within the inspectorate, given that it operates in a team format with work distributed accordingly.

The discussion document has been well received among the social partners, with some comments received and others awaited, although initial favourable views have been made known. An interactive phase on the discussion document will get under way shortly whereby the range of choices will be narrowed down.

The inspectorate does a difficult job in an efficient and courteous manner and it always projects the Department's core principles of seeking to ensure compliance with the employment rights entitlements of workers, regardless of whether they are Irish or migrant workers. Compliance is achieved by means of advice, guidance, restitution of moneys due, with €486,000 recovered in 2004 and, ultimately, prosecutions, with 14 initiated in 2004.

Brendan Howlin (Wexford, Labour)
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I welcomed the appointment of the Minister of State not so long ago, but I am afraid he has reverted to Department speak very quickly after his appointment. I ask him to address the questions asked in my priority question. Is it not a fact, and will the Minister not acknowledge, that the labour inspectorate in this internal review stated that it was prevented from properly policing the minimum wage and other employment rights? Is that not a vindication of a position I have taken over many months with him and his Department? Is it not now the case that there is an unanswerable case for a significant increase in the number of labour inspectors? When will we see those labour inspectors on the ground? Is it not a fact also that in the review the Minister acknowledges exists the labour inspectors said they had seldom if ever had their full complement of 21 available to them? Is it not almost a scandal that in a workforce now in excess of 2 million, 21 people, even if all were on active duty at any given time, are expected to enforce an increasingly complicated labour market with increasingly complicated labour laws? Is it not a fact that the dereliction of the Department in providing adequate policing has led directly to the climate of tolerance of exploitation we have witnessed recently?

Tony Killeen (Clare, Fianna Fail)
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As I said, the labour inspectorate's report was circulated to the social partners in January. As the Deputy will be aware, and as I said previously in response to his questions, up to last year the number of labour inspectors was 17. There were some difficulties last year because some of them were involved in work associated with the European Presidency. The number was increased following the mid-term review to 21 inspectors and it was announced last week that it will increase to 32 in total, which in terms of the number available in 2004 is a substantial increase. I acknowledge that the trade unions, particularly SIPTU, have argued strongly for an increase in the number of labour inspectors and I am glad the Government is able to accede to that request.

Brendan Howlin (Wexford, Labour)
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Will the Minister acknowledge that the proof of the pudding is what happens on the ground? Is it not a fact that the number of inspections dropped from 7,168 in 2003 to 5,160 last year, a decrease of approximately 2,000 inspections? Is it not a fact also that prosecutions have fallen from 20 in 2003 to 14 last year? We are going backwards and the notion that all is well or will soon be well is to give a nod if not a wink to the climate of exploitation that has been unearthed in cases such as that involving Gama workers or the Filipino woman who was expected to work for €1 an hour on an Irish Ferries vessel operating out of my constituency. Will the Minister not acknowledge that there is an urgent need, in the increasingly complicated labour market in operation in our country, to have a vigorous policing system? Will he not acknowledge also that it is pointless in Members of this House enacting legislation to protect workers if there is little prospect of it being enforced on the ground?

Tony Killeen (Clare, Fianna Fail)
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A number of lessons arise from the points made by Deputy Howlin and indeed adverted to by almost every Member of the House. There is no doubt that there are employers who will exploit their workers but a second and important lesson is that the labour inspectorate eventually catches up with those people——

Brendan Howlin (Wexford, Labour)
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It did not.

Tony Killeen (Clare, Fianna Fail)
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——and prepares reports which ultimately have to be placed before the courts.

Brendan Howlin (Wexford, Labour)
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Only the whistleblowers caught up with them, thank God.

Tony Killeen (Clare, Fianna Fail)
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The Deputy will acknowledge, as will anybody who is familiar with the law here, that one is required to present evidence in court and produce people who are prepared to give that evidence. That has been a difficulty heretofore but it is one that is gradually, and perhaps too slowly, being addressed. We need to send out a strong message from this House that those employers who continue to exploit their workers will eventually be brought to court and dealt with under the processes of law.

Brendan Howlin (Wexford, Labour)
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Not with an inadequate policing system.

Tony Killeen (Clare, Fianna Fail)
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A doubling of the numbers involved in the labour inspectorate in a very short time is not a bad achievement.