Bernard Durkan (Kildare North, Fine Gael)
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Question 706: To ask the Minister for Enterprise, Trade and Employment the extent to which he monitors exploitation of the workforce including foreign workers; and if he will make a statement on the matter. [26007/05]

Tony Killeen (Clare, Fianna Fail)
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No distinction is made in employment rights legislation 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 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 individual/s concerned and, if appropriate, a prosecution is initiated. Successful prosecution can be dependent on adequate support from witnesses.

The number of workplace inspections/visits undertaken by the labour inspectorate in 2004 was 5,160 and to date in 2005 the number of workplace inspections/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 inputs from the Labour Relations Commission and Labour Court, significant adjustments in pay were secured for a number of non-national employees.

The labour inspectorate's mandate and its resources are the subject of discussion with the social partners at present. In the meantime also, sanction to increase the number of inspectors from 17 at the start of the year has been approved. It is anticipated that 31 labour inspectors will be in place before the end of October this year.