Jack Wall (Kildare South, Labour)
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Question 74: To ask the Minister for Enterprise, Trade and Employment in regard to his announcement of the recruitment of an additional 11 labour inspectors, the number who have been appointed to date in 2005; when he expects the full number to be appointed; if they will be concentrated on any particular area of work; the ratio between the number of labour inspectors and the number in the workforce; the establishment level of the labour inspectorate and the number of posts filled at the latest date for which figures are available; and if he will make a statement on the matter. [37890/05]

Tony Killeen (Clare, Fianna Fail)
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Following the Minister's announcement on 12 April last there are now 31 inspector posts sanctioned for the labour inspectorate. This represents almost a doubling of inspector personnel in the past 12 months and is indicative of a determination to ensure compliance with employment rights legislation. Following a recent selection process the labour inspectorate now has its full complement of 31 inspectors.

When the full complement of officers are fully operational they will concentrate on those employment sectors that have traditionally required considerable attention from the inspectorate. These would be the services sectors that are covered by employment regulation orders such as, hospitality, cleaning and agricultural work. It is notable that many migrant workers are employed in these sectors at present.

The latest CSO statistics indicate that the current number of workers in the workforce is now more than 2 million. In addition to the labour inspectorate, it should be noted that there is a wide corpus of employment rights legislation administered by various State organisations and services. These include the Employment Appeals Tribunal, the redundancy and insolvency sections of this Department, the rights commissioner services provided by the Labour Relations Commission and the services provided by the Labour Court. The labour inspectorate is a unit within the employment rights compliance section which also includes the employment rights information unit and a further separate unit that administers the referral of cases for prosecution and legal enforcement of orders. Between them, these various services have a complement of staff in excess of 150 people.

Seán Crowe (Dublin South West, Sinn Fein)
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Question 75: To ask the Minister for Enterprise, Trade and Employment his views on whether the labour inspectorate does not have the number of inspectors necessary to carry out its duties in respect of the increased workforce and in particular to inspect the treatment of the growing number of migrant workers here. [37918/05]

Joe Costello (Dublin Central, Labour)
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Question 140: To ask the Minister for Enterprise, Trade and Employment his views on the continuing reports of ill treatment of immigrant workers; the steps he intends to take to deal with this matter; and if he will make a statement on the matter. [37884/05]

Martin Ferris (Kerry North, Sinn Fein)
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Question 141: To ask the Minister for Enterprise, Trade and Employment his plans to increase the strength of the labour inspectorate. [37912/05]

Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 75, 140 and 141 together.

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 or individuals concerned and, if appropriate, a prosecution is initiated. Successful prosecution can be dependent on adequate support from witnesses.

Following the Minister's announcement on 12 April last there are now 31 inspector posts sanctioned for the labour inspectorate. This represents almost a doubling of inspector personnel in the past 12 months and is indicative of a determination to ensure compliance with employment rights legislation. Following a recent selection process the labour inspectorate now has its full complement of 31 inspectors.

When the full complement of officers are fully operational they will concentrate on those employment sectors that have traditionally required considerable attention from the inspectorate. These would be the services sectors that are covered by employment regulation orders such as hospitality, cleaning and agricultural work. It is notable that many migrant workers are employed in these sectors at present.

Work has been progressing with regard to the discussion document prepared in connection with the mandate and resourcing of the labour inspectorate. The discussion document covers 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 social partners, together with representatives from the Departments of the Taoiseach and Finance, are members of the Employment Rights Compliance Group, ERCG, that is considering the discussion document. It is anticipated that the ERCG will conclude its business in January 2006.