Tommy Broughan (Dublin North East, Labour)
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Question 154: To ask the Minister for Enterprise, Trade and Employment the terms and conditions in regard to treatment of workers that foreign-based construction companies tendering for public contracts in this country are required to meet; if he is satisfied that all such terms and conditions are being met; and if he will make a statement on the matter. [12082/05]

Tony Killeen (Clare, Fianna Fail)
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I wish to reiterate that no distinction is made in Irish employment rights legislation between the terms and conditions of Irish as opposed to migrant workers. Section 20 of the Protection of Employees (Part-Time Workers) Act 2001 provides, that for the avoidance of doubt, that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland. This is in line with Directive 96/71/EC of the European Parliament and the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and applies also to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus, all employee legislation applies to migrant workers.

In so far as the construction industry is concerned the industry rate, also known as the joint council industrial norm, JCIN, sets out agreed rates up to 31 March 2006. Since 1 April 2005 the rates range from €16.44 for a craftsperson, through €13.15 for a basic operative to €5.48 for a first-year apprentice. I should, however, point out that the minimum rates of pay that can be enforced by the labour inspectorate in respect of the construction sector are those contained in the registered employment agreement, REA, which has been deposited with the Labour Court and sets the rates of pay with effect from 3 February 1992 up to 1 April 1997. The rates under the REA range from €8.09 for a craftsperson through €6.48 for a basic operative to €2.69 for a first-year apprentice.

The REA rate is out of line with the industry norm or JCIN. However, the amendment of the REA is a matter for the parties concerned, that is, the unions and employers. The process of revising or varying the REA rate had been delayed since 1998 on foot of judicial review proceedings being initiated. However, I understand that the REA may now be revisited following on a recent judgment in the High Court.