Brendan Howlin (Wexford, Labour)
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Question 66: To ask the Minister for Enterprise, Trade and Employment the position in regard to discussions between the labour inspectorate and a company (details supplied) regarding the treatment of a person who had been employed as a beautician on a vessel at a rate of €1 per hour, having been recruited through a foreign based employment agency; the steps he intends to take to prevent such exploitation of workers; and if he will make a statement on the matter. [18011/05]

Catherine Murphy (Kildare North, Independent)
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Question 103: To ask the Minister for Enterprise, Trade and Employment the action he intends to take against companies (details supplied) with regard to the non-payment of the statutory minimum wage. [18037/05]

Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 66 and 103 together.

The Minimum Wage Act applies to employees who work under a contract of employment in Ireland. Such workers are covered by Irish employment rights legislation by virtue of section 20 of the Protection of Employees (Part-Time Work) Act 2001 which provides that the full range of Irish employee protection legislation applies to foreign workers posted to work in, or otherwise working in this country. However, where a ship is registered in another country the workers on that vessel have access to the employment legislation of the registering country only.

In regard to recent media reports regarding workers employed on the MV Normandy, this vessel is not registered in Ireland and I understand that a ship management agency recruits, employs and manages the ship's staff on this service. Where the terms and conditions of employees are concerned the flag state, that is, the state where the ship is registered, has the exclusive rights to exercise legislative and enforcement jurisdiction over its ships on the high seas.

The situation was different in the case of the Filipino beautician working on the MV Isle of Inismore as the vessel is registered in Ireland. This lady was employed by an employment agency based in Singapore. An accommodation was achieved between this person and her employer in relation to the termination of her engagement. An employer should always ensure a work permit is obtained in advance of engaging a non-EEA national.

My Department regulates licensed employment agencies in the State and any complaints about specific agencies are followed up. At present foreign employment agencies, which operate from abroad, are not required to hold an employment agency licence under the Employment Agency Act 1971. My Department is currently undertaking a review of the Employment Agency Act 1971. As part of the above review my Department is currently finalising a policy paper and is also consulting with the Office of the Attorney General on some of the details. The policy paper will shortly be circulated to the various interest groups for further comment. Following the second round of consultations, my Department will draft the heads of a Bill and seek Government approval to have a Bill drafted by the Office of the Parliamentary Council to the Government. I hope to publish the Bill by early 2006.