John Perry (Sligo-Leitrim, Fine Gael)
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Question 281: To ask the Minister for Enterprise, Trade and Employment if he will address the concerns raised by a person (details supplied) regarding the employment legislation; and if he will make a statement on the matter. [13091/05]

Tony Killeen (Clare, Fianna Fail)
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The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.

The numbers of workplace inspections or visits undertaken by the labour inspectorate in 2004 was 5,160. In addition, the labour inspectorate secured €486,000 arrears of pay on behalf of employees. There are approximately 600 cases under investigation by the labour inspectorate which relate to various alleged breaches of employment rights legislation, including payment of wages, holiday pay and overtime.

Inspections are undertaken in several ways: the labour inspectorate's primary role regards complaint-based inspections, that is, following receipt of a complaint from an employee, employee's representative or other source. In addition, routine inspections are undertaken on an ongoing basis to ensure compliance with employment rights legislation. Enforcement campaigns, targeted at specific sectors also form part of the labour inspectorate's role in enforcing employment rights legislation.

Following my announcement on 12 April there are 31 labour inspector posts. Immediate steps have been taken to source the new inspectors initially from within the existing staff complement of the Department of Enterprise, Trade and Employment. Accordingly, I expect early appointments. The additional inspectors will strengthen the labour inspectorate's capacity to ensure that workers in these sectors receive their entitlements under employment rights legislation.

Where employers seek work permits in order to employ non-EEA nationals, the Department requires a statement of the main functions of the job, salary or wages, deductions — other than statutory, other benefits and hours to be worked per week. The proposed employer and the proposed employee must sign this statement. Work permits are not granted unless there is evidence of intention to comply with minimum wages legislation. Applications for work permit renewals require confirmation that the stated wages have been paid. Form P60 and other sources are used for this.

Arising from the mid-term review of Sustaining Progress, agreed by all parties in June 2004, the inspectorate was asked to draw up a discussion document for the social partnership process. It did this by identifying 39 key proposals but the document is not prescriptive. It presents the arguments for and against an extensive range of issues impacting on the mandate and associated resourcing of the labour inspectorate and its linked business units. A spectrum of possible models for compliance checking and enforcement have been identified and were presented for discussion. In the absence of appropriate analysis, no particular model can be endorsed. However, the purpose of their inclusion is primarily to stimulate debate and signal that fundamental changes in approach should be considered. Some views have been received from the social partners while others are awaited.