Arthur Morgan (Louth, Sinn Fein)
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Question 91: To ask the Minister for Enterprise, Trade and Employment if his Department will carry out an assessment of the extent of abuse of migrant and other workers in the hotel and catering trade. [18089/05]

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 migrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to migrant 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. Employers are required to maintain records in respect of such employees and these records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure on behalf of the employer to maintain adequate records is an offence.

In many instances, the wages and employment conditions of workers employed in the hotel and catering trade are governed by the employment regulation orders, which are enforced by the labour inspectorate of my Department. Rates of pay in hotels in Dublin and Cork are not covered by such orders but are subject to the provisions of the National Minimum Wage Act 2000.

The number of inspections undertaken by the inspectorate in 2004 under the relevant employment regulation orders was 215. To date this year, 62 inspections have been carried out under these orders. 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 168 inspections under the legislation.

The Minister recently 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.

I urge anyone who has specific evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.