Joan Burton (Dublin West, Labour)
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Question 119: To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the labour inspectorate of his Department to ensure payment of the national minimum wage; if his attention has been drawn to concerns expressed by labour inspectors that they do not have adequate resources to police the national minimum wage; the steps he is taking to address this situation; and if he will make a statement on the matter. [12083/05]

Tony Killeen (Clare, Fianna Fail)
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In 2004, labour inspectors of my Department undertook 462 inspections under the National Minimum Wage Act 2000. So far this year, the inspectorate has undertaken 143 inspections under the legislation. Inspectors operate on the basis of achieving compliance. Where an inspection occurs leading to a detection of infringements, the employer is required to rectify the infringements detected. Failure to do so to the satisfaction of the labour inspectorate within a specified period results in the initiation of legal proceedings.

The Deputy should be aware that rights commissioners of the Labour Relations Commission — a body independent of my Department — also investigate complaints of breaches of the National Minimum Wage Act 2000. The Deputy should also be aware that there are some 19 employment regulation orders drawn up through the joint labour committee system that regulates statutory minimum rates of pay and conditions of employment for workers employed in the various sectors where these apply. Ensuring compliance with the minimum pay amounts, terms and conditions forms a major element of the work of the inspectorate. These norms are established under employment regulation orders, EROs. In 2004, 486 inspections were made under EROs and so far this year, to the end of March, 101 inspections have been undertaken.

As agreed in the mid-term review of Sustaining Progress, four additional labour inspectors were appointed earlier this year. This increased the complement of inspectors to 21. The review of the mandate and resourcing of the labour inspectorate, which was prepared as a discussion document to assist consideration within the social partnership context, examined a range of possibilities around the operation of the labour inspectorate and offered a spectrum of possibilities ranging from a compliance regime where the initiative would move more toward the complainant, with the labour inspectorate offering support to a model where the right of initiative would be with the labour inspectorate who would conduct a hands-on approach. Both models endeavour to present either ends of a spectrum of possible options for compliance checking and enforcement. The purpose of their inclusion is primarily to stimulate debate and signal that fundamental changes in approach must be considered.

On 12 April 2005, the Minister, Deputy Martin, announced that he is appointing additional labour inspectors who will place a specific emphasis on sectors where migrant workers are concentrated. The group will consist of a team leader and ten labour inspectors. The additional inspectors will strengthen the labour inspectorate's capacity to ensure that workers in these sectors receive their entitlements under employment rights legislation. This expansion of the inspectorate will bring the authorised number of labour inspectors to 31.