Joe Costello (Dublin Central, Labour)
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Question 199: To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the labour inspectorate of his Department to ensure payment of the national minimum wage in 2004 and to date in 2005; if his attention has been drawn to concerns expressed by labour inspectors that they do not have adequate resources to police the national minimum wage; the steps he will take to address the situation; and if he will make a statement on the matter. [25421/05]

Tony Killeen (Clare, Fianna Fail)
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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 335 inspections under the legislation. Inspectors operate on the basis of achieving compliance. Where an inspection occurs leading to a detection of infringements the employer is required to rectify the infringements detected. Failure to do so to the satisfaction of the labour inspectorate within a specified period results in the initiation of legal proceedings.

The Deputy should be aware that rights commissioners of the Labour Relations Commission — a body independent of my Department — also hear complaints concerning breaches of the National Minimum Wage Act 2000.

The Deputy should also be aware that there are some 19 employment regulation orders, EROs, drawn up through the joint labour committee system that regulate statutory minimum rates of pay and conditions of employment for workers employed in the various sectors where these apply. Ensuring compliance with the minimum pay amounts, terms and conditions forms a major element of the work of the inspectorate. In 2004, 486 inspections were made under EROs and so far this year 272 inspections have been undertaken.

Earlier this year I sanctioned a further ten labour inspector posts together with an additional manager. A selection process was undertaken in June, 2005 and four of the successful candidates were appointed in July. A further selection process has commenced and I anticipate that the remaining positions will be filled shortly. When all officers are in place the inspectorate will have 31 labour inspectors assigned to it.

Arising from the mid-term review of Sustaining Progress the inspectorate were asked to draw up a discussion document for the Social Partnership process — they did so by identifying 39 key proposals, including proposals relating to staffing of the inspectorate. All of the issues contained in the discussion document are currently being discussed with the social partners.