Pat Carey (Dublin North West, Fianna Fail)
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Question 246: To ask the Minister for Enterprise, Trade and Employment the provisions which exist in domestic and EU law to protect migrant workers; if the Government proposes to rectify the EU convention on the protection of the rights of all migrant workers and members of their families; and if he will make a statement on the matter. [14932/05]

Micheál Martin (Cork South Central, Fianna Fail)
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The State is committed to the prevention of exploitation of migrant workers through its legislation. All workers in Ireland have the full protection of Irish employment law, which reflects the wider EU social protection framework. The law prohibits discrimination between workers on nationality or other grounds. Section 20 of the Protection of Employees (Part-Time Work) Act 2001 also provides for the avoidance of doubt that all employee protection legislation on the Statute Book in the State applies 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; and works in the State under a contract of employment. Therefore, all employee protection legislation applies to migrant workers in Ireland.

As regards the latter part of the question, I assume the Deputy is referring the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Ireland has not yet signed and is not a party to this convention, which was adopted by the UN General Assembly in December 1990. The convention has been examined by my Department. It would appear that, in order for Ireland to ratify the convention, significant changes would have to be made across a wide range of existing legislation, including: legislation addressing authorisation to stay and to work; education, training and integration; family reunification; social security; transfer of income and taxation; housing; health and medical care; and electoral law. These changes would also have implications for our relations with our EU partners, none of which has signed or ratified the convention, or have signalled an intention to do so, and possibly for the operation of the common travel area between Ireland and the UK. We have no plans to introduce the changes in the foregoing areas, which would be necessary before Ireland could ratify or consider signing the convention.

Emmet Stagg (Kildare North, Labour)
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Question 247: To ask the Minister for Enterprise, Trade and Employment his views on the length of time presiding officers had to work in polling stations during the by-elections of March 2005 which saw them working for 16 hours without a break; if this contravenes the Protection of Employees (Part-Time Work) Act 2001; and if he will make a statement on the matter. [14978/05]

Tony Killeen (Clare, Fianna Fail)
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The Organisation of Working Time Act 1997 provides that an employee is entitled to a 15-minute break after working more than four and a half hours and to a further 15-minute break after working more than six hours. If a 15-minute break is not taken after more than four hours and 30 minutes work, a 30-minute break may be taken after more than six hours work. An employee would be entitled to a further break of 15 minutes after more than ten hours and 30 minutes work. In addition to these provisions, the 1997 Act also provides for a rest period of 11 consecutive hours in every 24-hour period. Thus the maximum permissible working day would amount to 13 hours.

The Minister for the Environment, Heritage and Local Government is responsible for the law relating to the conduct of elections. Under electoral law, returning officers are responsible for all aspects of the running of elections, including the employment of staff.

The 1997 Act provides for the referral of a complaint to a rights commissioner by a person who feels that his or her employer may be in breach of the terms of the Act.