Dáil debates

Wednesday, 4 July 2007

Priority Questions

Employment Rights.

1:00 pm

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

Question 5: To ask the Minister for Enterprise, Trade and Employment when it is proposed that the National Employment Rights Agency will be fully operational; when he will be appointing board members to the agency; the full extent of funding it will receive from his Department; when employees will first notice its presence and operations; and if he will make a statement on the matter. [19315/07]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

I congratulate the Leas-Cheann Comhairle on his new appointment. I also wish Deputy Byrne and Deputy Sherlock who are new Members of the House longevity here. I thank the Deputies opposite for their kind words.

The Government is committed to delivering the key——

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

There are a couple more new Members behind the Minister of State also.

3:00 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

I have congratulated them already. I wish them well also.

The Government is committed to delivering the key package of measures agreed under the chapter dealing with employment rights and compliance in Towards 2016. In this regard, the necessary resources, both human and financial, are being provided to ensure effective delivery. The National Employment Rights Authority, NERA, has been established on an interim basis with Department of Finance sanction for 141 staff, including an increased complement of 90 labour inspectors, and an allocation of €8.553 million provided for under Vote 34 for 2007. The advisory board to assist NERA in its role will be appointed by the end of the year.

The director of NERA was appointed and took up duty on 12 February 2007. The director is supported in his role by a management team and administrative staff. The management team and administrative staff are now substantially in place. Three units which were formerly part of the Department of Enterprise, Trade and Employment, have been subsumed into NERA — the employment rights information unit, the labour inspectorate and the prosecution-enforcement unit. All NERA staff are currently located in Dublin but as part of the Government decentralisation programme, NERA will have its headquarters in Carlow. Work on the Carlow premises is at an advanced stage and will be completed and ready for occupation by the end of July 2007. I am sure the Deputy opposite will be delighted with this aspect of the decentralisation process.

The social partnership agreement, Towards 2016, provided that the labour inspectorate, now part of NERA, would be established on a regional basis and that the number of labour inspectors would be progressively increased from 31 to 90 by the end of 2007. In this regard, the new regional structure of the labour inspectorate has been announced and in addition to inspectors located in NERA headquarters in Carlow, regional offices of the labour inspectorate will be located in Dublin, Cork, Shannon and Sligo. In consultation with the OPW, considerable progress has been made in identifying suitable properties for these regional locations.

Recruitment of the additional labour inspectors is also progressing. The number of labour inspectors has increased from 31 to 37 and advertisements have been placed in national newspapers since 10 June to recruit a further ten labour inspectors with language skills. The selection processes for recruitment of the remaining 43 have been agreed and the necessary arrangements are being finalised with a view to all assignments being made by the end of 2007.

In line with the commitment under Towards 2016, joint investigation and exchange of information activity has commenced with inspectors from the Revenue Commissioners and the Department of Social and Family Affairs. The necessary legislative provisions to enable the exchange of information between the three bodies came into effect on 30 March with the enactment of the Social Welfare and Pensions Act 2007.

Additional information not given on the floor of the House.

An information provision and public awareness campaign is being actively planned and a series of meetings with stakeholders have been undertaken to initiate structured dialogue between the National Employment Rights Authority, NERA, and stakeholders. The necessary legislation to give effect to the comprehensive package of measures concerning employment rights is being progressed and preparation of the employment law compliance Bill which is due to be published this year is in progress. NERA's key objective is to achieve compliance with employment rights legislation through information provision, carrying out inspections and enforcement and prosecutions when necessary.

Since 1 January the employment rights information unit has responded to 47,000 queries, while the labour inspectorate has carried out in excess of 4,500 calls, visits or inspections as part of its normal day-to-day operations, including two sectoral campaigns focused on specific employment sectors. In addition, 33 cases have been referred to the Chief State Solicitor's office with a view to initiating proceedings for breaches of employment rights by the employers concerned.

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

When will the board of the National Employment Rights Authority be appointed? What funding will be available to the authority in the current year? Will FÁS trainees or apprentices on construction sites etc be included? Will they be part and parcel of NERA's remit, given the history of the haphazard training of some such employees in the past, particularly in the construction industry?

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

First and foremost, labour laws apply to all those in employment. Funding for a staff of 141 for NERA has been provided in a Vote. The advisory board will be set up towards the end of the year.

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

No board has been established yet.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

To clarify and ensure the Deputy receives all the information, the interim advisory board will be set up towards the end of the year. An independent chair will be appointed and there will also be social partnership provisions.

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

What is causing the delay in setting up the board? I ask because the director general was appointed last February and usually a board is appointed quickly on an interim basis on the appointment of a director general.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

The legislation to establish NERA on a statutory footing is in process and the advisory board will be in place to assist the authority. It will be appointed at the end of this year and will have an independent chair. Moreover, the social partners will also put forward representatives.

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

Why is an interim board not in place? The legislation can follow.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

NERA is functioning; its director has been appointed.

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

I know.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

The advisory board will assist the director in establishing the authority on a statutory footing.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

They are waiting for nominations from the cumainn.

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

That concludes Priority Questions. We will move on to Other Questions. For the information of new Members, during Other Questions it is open to all Members to ask supplementaries.