Arthur Morgan (Louth, Sinn Fein)
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Question 643: To ask the Minister for Enterprise, Trade and Employment if he will report on efforts being undertaken by his Department to crack down on the exploitation of migrant and other workers in the State. [25769/05]

Tony Killeen (Clare, Fianna Fail)
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The number of workplace inspections and visits undertaken by the labour inspectorate in 2004 was 5,160 and to date in 2005 the number of workplace inspections and visits is 3,213. Earlier this year several key staff members, including three inspectors, were dedicated almost exclusively to one major investigation. As a consequence of that work, and subsequent inputs from the Labour Relations Commission and Labour Court, significant adjustments in pay were secured for a number of non-national employees.

The general approach adopted by the labour inspectorate to employment rights enforcement is to seek compliance and rectification of any breaches identified, including payment of any arrears due to employees. Inspectors pursue allegations of worker mistreatment and seek redress for the individuals concerned and, if appropriate, a prosecution is initiated. Successful prosecution can be dependent on adequate support from witnesses.

No distinction is made in employment rights legislation as between Irish and migrant workers. For the avoidance of doubt, section 20 of the Protection of Employees (Part-Time Work) Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996. This directive relates to 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.

The Government is aware of the concern being expressed by public representatives and others close to the issues with regard to the abuse of vulnerable workers by a small minority of unscrupulous employers. To enhance the efforts of the labour inspectorate in discharging its remit to enforce employment legislation, increases in staffing levels this year mean that, when all posts are filled, the complement of inspectors will have almost doubled. In January 2005 the inspectorate had 17 inspectors. It is intended that by the end of this October the number of officers assigned to inspectorate duties will be 31.

The strengthened inspectorate will concentrate on those sectors of the economy where workers tend to be more vulnerable to suffering the effects of non-compliance with employment legislation. These sectors also appear to have high concentrations of non-national workers.