Mick Wallace (Wexford, Independent)
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Question 15: To ask the Minister for Enterprise; Trade and Innovation if he will vote for the adoption of an International Labour Organisation convention on domestic workers' rights in Geneva in June 2011; and if he will make a statement on the matter. [10001/11]

Richard Bruton (Dublin North Central, Fine Gael)
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At the forthcoming International Labour Conference to be held in Geneva in June 2011, the proposal for a draft convention on decent work for domestic workers is a significant and important agenda item. In accordance with standard procedure in respect of the negotiation of any international labour instrument at the International Labour Organisation, it will be the subject of discussion on a tripartite basis involving Governments, employer representative bodies and worker representative bodies over a three-week period. The possible adoption of any such international labour instrument will be subject to the outcome of these discussions at the conference in June.

The Deputy will appreciate that in advance of the detailed discussion and negotiation on the text of any such international instrument, it would be inappropriate to anticipate our position on a draft convention, the final text of which is not yet settled. However, it is worth pointing out that the full suite of employment rights that applies to workers in Ireland is equally applicable to domestic workers. Ireland has been cited internationally as an example of good practice in this area, not least through the introduction of a voluntary code of practice entitled Code of Practice for Persons Employed in Other People's Homesin 2007. During Ireland's tenure on the governing body of the International Labour Organisation, the Irish Government representative supported the inclusion of an ILO standard-setting instrument in this area on the agenda for consideration by the International Labour Conference.

In the context of the forthcoming International Labour Conference in June, Ireland will continue to play a constructive and positive role in which it is hoped the ILO will be in a position to adopt a convention on decent work for domestic workers.

Mick Wallace (Wexford, Independent)
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I am sure the Minister is probably aware that one third of domestic workers in Ireland earn less than the minimum wage at present. It is reckoned that 40% of them have no contracts. Unfortunately, many of the domestic workers in Ireland are migrant workers and their immigration status is very often used against them. Domestic workers do not have the rights of ordinary workers at present. With a view to being fair, their rights are worth campaigning for. The Government should be pushing very strongly in this regard.

Richard Bruton (Dublin North Central, Fine Gael)
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Under existing law, NERA inspectors can pursue the examination of employment records, either entering with the consent of the occupier or by warrant of the District Court. As in all cases where NERA proposes to conduct an inspection of employment records, notice is provided by it either in writing or by telephone to advise the employer of the proposed inspection. I am advised that, in cases where consent to enter a private residence is not given, NERA meets the employers in an alternative location to examine the relevant employment records, although this has arisen only in a very small percentage of cases.

From what the Deputy says, domestic workers are very much part of the grey economy. It is undoubtedly an issue of enforcement rather than conventions in that the full weight of existing domestic law applies. From what the Deputy said, it is not being achieved in a substantial minority of cases. I recognise this problem. I will have to take advices on how it can be better handled. The Deputy is probably correct that the problem is largely associated with incorrect immigration status. It is quite a complex issue. The enforcement of migration rules raises very significant difficulties also.

Mick Wallace (Wexford, Independent)
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That domestic workers have so few rights makes it much more difficult for them to fight for a fair deal. If they are not getting a fair deal, they are more often than not under pressure to stay quiet. Until we afford to them the same rights as are afforded to other workers, they will not be in a great position to fight for their entitlements.