Richard Bruton (Dublin North Central, Fine Gael)
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Question 192: To ask the Minister for Enterprise, Trade and Employment the number of breaches uncovered by the labour inspectorate in April to September 2005 and April to September 2004 which involved treatment of non-national workers; and the types of breaches involved. [31181/05]

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 Employee's (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 employment rights legislation applies to migrant workers. As is the case in legislation, the labour inspectorate does not differentiate between migrant and Irish workers and accordingly does not have statistical information in relation to the number of breaches in respect of migrant workers alone.

The total number of breaches detected by the labour inspectorate in the period April to September 2005 was 1,125. The number of breaches detected in the period April to September 2004 was 1,060. The breaches in these instances relate to a wide remit of legislation. The principal breaches related to non-compliance with employment regulation orders and registered employment agreements.