Dáil debates

Wednesday, 20 April 2005

3:00 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael)
Link to this: Individually | In context

Question 72: To ask the Minister for Enterprise, Trade and Employment the number of persons employed by the labour inspectorate based in his Department; the number of companies under investigation; the nature of those investigations; and if he will make a statement on the matter. [12056/05]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

Following my recent announcement on 12 April, there are now 31 labour inspector posts. Immediate steps have been taken to source the new inspectors initially from within the existing staff complement of the Department of Enterprise, Trade and Employment. Accordingly, I expect early appointments. There are currently 17.5 labour inspectors, whole-time equivalents, in the inspectorate. One inspector is currently on long-term sick leave and one job-sharing inspector is on extended unpaid leave. A further two inspectors are currently engaged in assisting the Employment Appeals Tribunal.

A number of other officials, at team leader and management grades within the employment rights compliance section, are considered inspectors and perform such duties as required. The inspectors are supported by six administrative staff and the inspectorate makes up but one part of the employment rights compliance section. The other parts consist of the employment rights information unit and the employment rights prosecution and enforcement section. There are approximately 600 cases currently under investigation by the labour inspectorate. The cases relate to various alleged breaches of employment rights legislation, including payment of wages, holiday pay and overtime.

Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individuals concerned and, if appropriate, a prosecution is initiated.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Much of this information was covered in earlier questions. When was this lack of resources in the labour inspectorate brought to the Minister's attention? Did it require the controversy surrounding Gama Construction to bring this matter to his attention and the flurry of activity which led to his announcement on April 12?

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

The issue was raised at the mid-term review of Sustaining Progress and I was not a Minister of State at that stage. At the first meeting I had with SIPTU, that was one of the issues raised. We have been seeking resources to announce the additional inspector since then. The announcement on 12 April addresses the immediate concerns.

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

It was brought to the attention of the Department 18 months ago that there was a major deficiency in the number of inspectors. There was clearly a number of complaints to the Department about these matters. Why is it that resources can be plucked out of the air when a controversy arises in this House? Following the revelations by Deputy Joe Higgins, 11 additional inspectors were approved at the drop of a hat. It must have been a low priority in the Department in 2004 when the Minister could not deliver a speedy implementation of these essential labour inspectors. A great number of inspectors have now been appointed in one fell swoop. There must have been a large deficiency in the Department, as well as many complaints, which led him to do this.

Paul McGrath (Westmeath, Fine Gael)
Link to this: Individually | In context

The Minister should be careful, or she might hit back. Mr. Kelly is doing his job over there now and he is very effective.

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

This issue was raised by the unions in the mid-term review. A recommendation was made at that stage. Ultimately, the recommended number of inspectors was 21. Clearly, the unions were extremely dissatisfied with that outcome. However, since Deputy Martin and I were appointed to the Department of Enterprise, Trade and Employment, this matter has been raised frequently with us. It is fair to say that the appointments represent a substantial increase in a very short timescale.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context

There is a degree of brass neck in the response by the Minister of State. Parliamentary questions have been tabled on this issue for years. This issue was raised by myself, among others, in the debate on the health and safety legislation. The response he and his predecessor presented was that there was adequate inspection and no need for further inspectors. It is only the crisis of recent times that has changed the Minister's view. He can now find the resources, without it being signalled in the Estimates that were published, for a substantial increase from 17.5 inspectors, not the 21 we were led to believe, to 28 or more. When did it really dawn on the Minister that this substantial requirement was needed? When will these inspectors be put in place? When they are put in place, will that be adequate to police a workforce of 2 million?

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I am not in the business of adjudicating on the strength of brass neck on this issue. A number of people have raised this need for an increase in the number of inspectors, Deputy Howlin among them. This issue was raised long before I was in the Department——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context

The response was that they were not needed.

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

——and I would not have been answering parliamentary questions at that stage. In October or November 2004, I felt that additional inspectors were required. I discussed the matter with the Minister, Deputy Martin, who was of the same view. The necessary financial provision was not there for them. In view of those circumstances, the additional appointments represented a very quick response.