Louise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

1. To ask the Minister for Enterprise, Trade and Employment the position regarding the recruitment campaign to increase the number of Workplace Relations Commission, WRC, inspectors from 53 to the 90 it was authorised to recruit in 2006. [29941/21]

Louise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

My question is a simple one, namely, to ask the Minister the position on the recruitment campaign to increase the number of WRC inspectors from 53 to 90. When will the complement of 90 be reached? This was part of Towards 2016, if my memory serves me correctly. Towards 2016 was agreed in 2006. Since 2016, there have been more people who may require the services of the commission's inspectors. Could the Tánaiste give us an update on the recruitment campaign and when the figure of 90 will be reached?

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy and colleagues for taking the third question first. I tried to get here in such a hurry that I managed to walk up to the higher level and then had to come back down again.

The WRC is an independent statutory body under the aegis of my Department. It was established on 1 October 2015 under the Workplace Relations Act 2015. On its establishment, sanction for 60 labour inspectors was granted. I understand from Department officials that an agreement with unions existed in 2016 whereby the number of WRC inspectors was to be increased to 90 over time. However, it predated the establishment of the WRC in October 2015.

The WRC was established as a two-tier employment rights and industrial relations structure to improve the State's employment rights and industrial relations service and reduce the number of industrial relations bodies from five to two, therefore requiring fewer staff. Staffing levels of WRC inspectorate are currently under active review. I am advised and satisfied that the service is operating effectively and that no delays are being reported.

WRC inspectors are appointed by the WRC Director General, with the consent of the Minister, and exercise such powers as are conferred upon them by the Workplace Relations Act 2015.

The WRC inspectorate is staffed by civil servants of my Department. As of 1 May 2021, there has been a total of 53 WRC inspectors. There are currently 60 sanctioned labour inspector posts. These comprise 53 executive officer inspectors and seven higher executive officer inspector team managers. These are supervised by three assistant principals and one chief labour inspector. In total, there are just under 200 staff in the WRC as a whole.

Currently, there are two competitions ongoing within the Public Appointments Service, and interviews for a higher executive officer inspector team manager competition have been finalised. The WRC expects two appointments from the competition shortly. A recruitment drive for inspectors is also under way. This will create a panel to enable vacancies to be filled.

I am aware that during a Topical Issue debate with the Minister of State, Deputy English, in March, Deputy O'Reilly raised the high number of breaches of employment law in meat plants found by WRC inspectors.

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

The Tánaiste will get an opportunity to complete his answer.

Louise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Since 2015, over one third of WRC investigations detected breaches of employment law. The data reveal fairly starkly the dark underbelly of the Irish economy. We are all agreed that this needs to be stamped out. In the past six years, the WRC has detected breaches in more than one third of all of its investigations. Of the investigations, 35.9% found breaches by employers regarding the non-payment of the minimum wage, employment permits, the protection of young persons, annual leave and public holiday entitlements and unpaid wages, in addition to other breaches. Sectors such as the food and drink, retail, wholesale, hair and beauty, and construction sectors have seen consistent breaches of employment law in recent years. These figures do not paint a pretty picture but what they do say to me very clearly is that we need more inspectors. Therefore, I am going to put the question to the Tánaiste again: if the figure is 90, can he outline to us when we are going to reach it? Given the good work done by the WRC inspectors and the fact that they are uncovering breaches of employment law, would it not be better to consider improving on the complement of 90?

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There are 200 staff in the WRC. The number of inspectors currently sanctioned is 60. Ninety is an old figure that predates the reform of the five bodies. We merged five into two, thereby reducing some of the requirements for staff. That is not to say we will not go above 60 but the figure of 90 is no longer one we recognise.

To return to what I was saying about the meat plants, I followed up on this and wrote to the Director General about it. I was assured that the commission was going to continue to carry out inspections in this regard. As we move out of Covid, we will be able to reduce the number of Covid inspections and increase the number of regular labour law enforcement inspections, which will be beneficial.

Inspectors visit places of employment and carry out investigations on behalf of the WRC to ensure compliance with equality and employment-related legislation. An additional five labour inspectors were appointed in February of this year on foot of the competition.

Louise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

The amalgamation of the functions of the WRC did not reduce the need for labour inspectors. If anything, the figures I have obtained prove there is a need for more labour inspectors. I am very disappointed the Tánaiste does not hear that or does not recognise the need.

Despite being underfunded and resourced, the WRC does absolutely fantastic work on behalf of workers. We can see that. Data provided to me show that, in the past decade alone, nearly €18 million in wages was returned to workers following investigations. Any employer who deliberately withholds wages from a worker or deliberately underpays a worker should be named, shamed and punished. There is an old saying, "Always pay what you owe and always ask for what you are owed." I am sure the employers would not be shy about letting a customer know if they were owed some money.

The amalgamation of the functions under the WRC made for administrative savings but it did not mean there was less need for inspections. The figures I have obtained underscore the need for more labour inspectors to be appointed. I urge the Minister to revisit the figure of 90 and try to reach that, at least.

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am not saying we do not need more labour inspectors; we may well do. I am just saying the figure of 90 is an historic one and not one that is committed to by the Government or one that is mentioned in any existing agreement with the trade unions. We anticipate that as we move out of Covid, we will be able to reduce the number of Covid-related inspections and increase the number of inspections related to employment rights. I thank the WRC for the work it does every day on upholding the rights of workers and for the work it has done very successfully in inspecting the return-to-work safety protocol.

In addition to what we are doing, we have also appointed 16 external adjudicators to the WRC panel to ensure there is a sufficient number of adjudicators in place to meet demand. There are competitions ongoing to fill vacancies.

We will need legislation quite soon, in the next couple of weeks, to respond to the Zalewski judgment, which requires that hearings can be held in public and that evidence must be given on oath.