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Written Answers — Industrial Relations: Industrial Relations (30 Jan 2008)

Billy Kelleher: I propose to take Questions Nos. 623 and 624 together. I assume the Deputy's first question refers to Registered Employment Agreements. Registered Employment Agreements (REAs) Section 25 of the Industrial Relations Act, 1946 provides that an Employment Agreement is an agreement made either between a trade union and an employer or employer's organisation or at a meeting of a registered Joint...

Written Answers — Employment Agencies Regulation: Employment Agencies Regulation (30 Jan 2008)

Billy Kelleher: The operation of employment agencies in the State is regulated by the Employment Agency Act 1971 and Regulations made under it. Under this legislation an employment agency that has premises in the State is required to have an employment agency licence in order to operate in the State. In order to obtain such a licence, the premises of an employment agency must conform to prescribed standards...

Written Answers — Employment Agencies Regulation: Employment Agencies Regulation (30 Jan 2008)

Billy Kelleher: Employment agencies in Ireland are licensed under the terms of the Employment Agency Act 1971. Under the terms of the Employment Agency Act 1971, which regulates the operation of employment agencies in the State, it is not an offence for an employment agency to advertise jobs which do not exist or are not yet available. My Department's understanding is that the aim of such advertising could...

Written Answers — National Minimum Wage: National Minimum Wage (30 Jan 2008)

Billy Kelleher: The National Minimum Wage was introduced in Ireland from 1 April 2000.Central Statistics office data show that the total in employment in Mar-May 2000 was 1,671,400. The latest period for which CSO data is available relates to Mar-May 2007 when the total in employment was 2,095,400.

Written Answers — Job Losses: Job Losses (30 Jan 2008)

Billy Kelleher: The Organisation of Working Time Act 1997 provides, with effect from 1st March 1998, for a maximum average working week of 48 hours, averaged generally over 4 months. In addition the 1997 Act provides, with effect from 30th September 1997, for a right for an employee to nine public holidays a year. The 1997 Act also sets out certain minima with regard to annual leave e.g. for the leave year...

Written Answers — Employment Rights: Employment Rights (30 Jan 2008)

Billy Kelleher: The European Court of Justice issued a Judgement on 18 December 2007 in a case between Laval un Partneri Ltd and Svenska Byggnadsarbetareförbundets and others. The Swedish Labour Court referred the case to the European Court of Justice to determine whether it is permissible under European law for trade unions to take industrial action, in the form of a blockade, to compel a foreign temporary...

Written Answers — National Minimum Wage: National Minimum Wage (30 Jan 2008)

Billy Kelleher: This country's involvement in the European Central Bank is through the Central Bank and Financial Services Authority which is under the aegis of the Minister for Finance. From the Government's perspective, legislation to provide for a national minimum wage in this country was enacted in 2000. The minimum wage was introduced as a social policy commitment of the Government in the context of...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (30 Jan 2008)

Billy Kelleher: In regard to safety regulations, I assume the Deputy is referring to occupational safety regulations, the enforcement of which is the responsibility of the Health and Safety Authority, which operates under the aegis of my Department. There is a legal duty on employers under the Safety, Health and Welfare at Work Act 2005, which is supplemented by specific occupational safety regulations...

Written Answers — Work Permits: Work Permits (30 Jan 2008)

Billy Kelleher: The Portuguese Presidency tabled for consideration, at the ESPHCA Council, on 5th December 2007, proposed Directives on Temporary Agency Work and the Organisation of Working Time in its efforts to fashion an overall compromise solution by way of an integrated approach to discussions of two sensitive dossiers. Regrettably, having identified the remaining issues of concern to various Member...

Written Answers — Employment Agencies Regulation: Employment Agencies Regulation (30 Jan 2008)

Billy Kelleher: As the Deputy may be aware I am currently finalising proposals for an Employment Agency Regulation Bill which will modernise regulation of the employment agency sector and which will repeal and replace the Employment Agency Act 1971. One of the features of this proposed Bill will be the establishment of a statutorily binding code of practice setting out standards of behaviour for employment...

Written Answers — Labour Inspectorate: Labour Inspectorate (30 Jan 2008)

Billy Kelleher: Considerable progress has been made in the recruitment and deployment of Labour Inspectors over the past year. There are now 79 Inspectors employed in the National Employment Rights Authority. Twenty new Inspectors were recruited by the National Employment Rights Authority during 2007 bringing the total number of Inspectors deployed at the 31 December 2007 to fifty. The twenty Inspectors...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (5 Feb 2008)

Billy Kelleher: The Department made allocations of €100,000 in 2006 and €75,000 in 2007 to the National Irish Safety Organisation (NISO). There is provision for a further €100,000 in the Department's Estimate for 2008. NISO is a not for profit registered charity, headed up by a voluntary tripartite Executive supported by a small full time administrative unit. It has a part-time network of trainers...

Written Answers — Employment Rights: Employment Rights (5 Feb 2008)

Billy Kelleher: I propose to take Questions Nos. 411 and 412 together. The matter of Irish law applying to locally recruited personnel working for a foreign embassy accredited to and located in Ireland is a matter that has been the subject of Supreme Court decision such as in the case of the Government of Canada v the Employment Appeals Tribunal and Brian Burke (1992) 2 I.R. 484 S.C. to which I would refer...

Written Answers — Flexible Work Practices: Flexible Work Practices (5 Feb 2008)

Billy Kelleher: That National Framework Committee for Work-Life Balance, which has its origins in Social Partnership, comprises representatives from IBEC, ICTU, the Equality Authority and various Government Departments and is chaired by my Department. During 2007 it continued its remit as set out in Towards 2016 and the Programme for Government where it is charged with supporting and facilitating the...

Job Creation. (7 Feb 2008)

Billy Kelleher: It is called joined-up thinking.

Employment Rights. (7 Feb 2008)

Billy Kelleher: The National Employment Rights Authority, NERA, was established in 2007 on an interim basis on foot of a commitment in the most recent social partnership agreement, Towards 2016. NERA will be established on a statutory basis following enactment of the employment law compliance Bill, which will be published shortly. NERA's mission is to achieve a national culture of employment rights...

Employment Rights. (7 Feb 2008)

Billy Kelleher: On employment rights and the protection of workers, we have a very strong corpus of legislation, covering every issue from redundancy to paternity and maternity leave. The employment law compliance Bill will be published quite soon. We are as exercised as anybody else with ensuring it will be published, fully debated and enacted with a view to establishing NERA fully on a statutory basis....

Employment Rights. (7 Feb 2008)

Billy Kelleher: I agree with the Deputy that we need strong deterrents but the fundamental issue concerns the ability to pay and the need to ensure that those who do not receive full payment will be compensated immediately. If one were to seize the assets of a company expressing an inability to pay, it would make matters very difficult. The priority is to ensure that those who do not receive fair pay or...

Employment Rights. (7 Feb 2008)

Billy Kelleher: It is a very strong deterrent. Most employers are complying with the legislation and the few that are not will be identified and dealt with by NERA by way of prosecution.

Written Answers — Employment Rights: Employment Rights (7 Feb 2008)

Billy Kelleher: Under "Towards 2016, The Ten year Framework Social Partnership Agreement", the Government is committed to delivering a key package of measures dealing with employment rights. This package will be set out in the Employment Law Compliance Bill which will be published shortly. Included in the package will be substantially increased penalties for breaches of employment laws. Already, the...

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