Written answers

Wednesday, 2 November 2005

Department of Enterprise, Trade and Employment

Employment Rights

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 156: To ask the Minister for Enterprise, Trade and Employment the steps he has taken and the proposals he has formulated to address concerns in relation to the protection of workers' jobs, pay and conditions of employment from displacement in favour of cheap labour involving the exploitation of non-national workers in view of trade union reluctance to enter talks on a new social partnership agreement. [31619/05]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 167: To ask the Minister for Enterprise, Trade and Employment the action he intends to take on employment standards arising from the decision by Irish Ferries to outsource its workforce; and if he will make a statement on the matter. [31633/05]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 156 and 167 together.

There is already a comprehensive body of employment rights legislation which has as its objective the protection of employees against arbitrary behaviour by employers, provision for the safety and health of workers and to foster labour market harmony by promoting policies that minimise conflict and maximise fairness.

While recognising the exceptional situation that has arisen in the maritime sector, it is important to remember that the full panoply of Irish employment law and social protection still applies to persons employed in Ireland regardless of nationality. This body of law is, and will continue to be, enforced by my Department.

Following the announcement on 12 April last there are now 31 inspector posts sanctioned for the labour inspectorate. This represents almost a doubling of the complement of inspectors in the past 12 months and is indicative of my determination to ensure compliance with employment rights legislation.

Apart from the strengthening of staff resources, other initiatives are under way also. Arising from a commitment in Sustaining Progress, and to assist in the preparation of proposals for consideration by Government, a discussion document was prepared by the labour inspectorate in relation to its mandate and resourcing. The discussion document covered the full dimension of issues that impact on the operation of the labour inspectorate ranging from the legislative framework right through to the operational aspects and staff development. The discussion document has been well received among the social partners and the parties are well advanced in their consideration of the proposals that exceed 40. The objective is to formulate a set of recommendations for Government. It is intended that this process would feed into and complement any future partnership discussions.

On 24 May last, I announced a programme of action in response to the report and recommendations of the review group on the role and functions of the employment rights bodies and following consultations with the various interested parties. This included the establishment of an employment rights group, ERG, comprising representatives of my Department, the employment rights bodies and the social partners. The ERG is to consider how best to simplify and streamline the complaint, appeal and enforcement procedures and documentation across all the various employment rights bodies. The ERG will also examine the extent to which common procedures and a simplified approach to the conduct of hearings-investigations can be adopted across all the bodies, leading to procedural simplification and improved customer service. Its work should be completed by the end of next year.

The concerns in relation to the protection of workers' jobs, pay and conditions of employment to which the Deputies refer raise complex legal and policy issues. The Government is committed, however, to taking whatever steps are feasible, through legislation or otherwise, to develop in partnership with congress and employers, a meaningful package in the area of enhanced employment standards generally. These issues can best be advanced through dialogue in the context of the partnership process.

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