Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

Question 11: To ask the Minister for Enterprise, Trade and Employment the number of prosecutions taken by him or by agencies under the aegis of his Department under Acts (details supplied) for each year from 2002 to 2006 and to date in 2007; and if he will make a statement on the matter. [18608/07]

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

The Acts are the National Minimum Wage Act 2000, the Organisation of Working Time Act 1997, the Industrial Relations Acts 1946-2001, the Protection of Young Persons (Employment) Act 1996, the Payment of Wages Act 1991, the Employment Agency Act 1971, the Protection of Employment Act 1977, the Protection of Employees (Employer's Insolvency) Acts 1984-2003, the Carer's Leave Act 2001 and the Parental Leave Act 1998

The number of prosecutions initiated by my Department or by agencies under the aegis of my Department under the Acts included in the question for each year from 2002 to 2006 and to date in 2007 is set out in the following table.

The primary role of the labour inspectorate in the case of breaches of employment rights legislation is to seek compliance and rectification of any breaches identified, including redress for the individuals concerned and payment of any arrears due to employees. In this regard, the labour inspectorate in 2006 recovered from some 349 employers arrears of pay amounting to almost €1.4 million.

The Deputy should be aware that rights commissioners of the Labour Relations Commission, a body independent of my Department, also hear complaints concerning breaches of the National Minimum Wage Act 2000, the Organisation of Working Time Act 1997, the Carer's Leave Act 2001, the Parental Leave Act 1998 and the Payment of Wages Act 1991. In addition, unions may make a complaint to the Labour Court under section 32 of the Industrial Relations Act 1946 in respect of breaches of a registered employment agreement, while section 45 of the 1946 Act provides that employees may initiate proceedings in respect of failure to comply with the minimum wage conditions of an employment regulation order. Under the Carer's Leave Act and Parental Leave Act, the Minister may prosecute only in respect of offences relating to the obstruction of authorised officers as redress for other contraventions is required to be made through a rights commissioner.