Arthur Morgan (Louth, Sinn Fein)
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Question 109: To ask the Minister for Enterprise, Trade and Employment his views on the actions of Irish Ferries in ignoring the Labour Court recommendations whereby the court rejected claims by the company management that the future viability of the company was dependent on proceeding with its proposals for replacing staff with low paid agency workers from eastern Europe and elsewhere. [37909/05]

Liz McManus (Wicklow, Labour)
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Question 122: To ask the Minister for Enterprise, Trade and Employment his assessment of the implications for labour relations here of the decision of Irish Ferries to reject a recent Labour Court decision in regard to the dispute regarding the proposed replacement of Irish workers with lower paid workers from other countries; his views on the approach being adopted by Irish Ferries to the dispute, including the use of security firms and the covert sending on board of workers intended to replace existing crew members; and if he will make a statement on the matter. [37878/05]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 129: To ask the Minister for Enterprise, Trade and Employment the legislative changes he may consider in response to the dispute at Irish Ferries and the practice of companies operating in the market here being able to flout minimum wage and other employment laws; the communications he has had with the European Commission to examine the way in which such compliance might be enforced with employment laws here under current European laws. [37932/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 138: To ask the Minister for Enterprise, Trade and Employment his plans to deal with the situation at Irish Ferries; if he expects a knock on effect; if the situation in regard to staffing has a precedent or is likely to set one; if he is conscious of the implications for future partnership agreements arising therefrom; and if he will make a statement on the matter. [37852/05]

Brendan Howlin (Wexford, Labour)
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Question 147: To ask the Minister for Enterprise, Trade and Employment if, in view of the stance adopted by Irish Ferries in relation to its workforce, he supports a change in labour law to afford greater protection to seafarers; and if he will make a statement on the matter. [37900/05]

Catherine Murphy (Kildare North, Independent)
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Question 151: To ask the Minister for Enterprise, Trade and Employment the employment rights available under Irish or EU law to ship workers employed by shipping companies operating under the Irish flag; if such workers have pension rights here; if they pay PRSI and PAYE contributions to the State; and if he will make a statement on the matter. [37933/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 291: To ask the Minister for Enterprise, Trade and Employment his plans to ensure the ongoing availability of ferry services from here to the UK; and the continent having regard to the need of the manufacturing sector; and if he will make a statement on the matter. [38217/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 292: To ask the Minister for Enterprise, Trade and Employment the discussions he has had with the management at Irish Ferries with a view to restoring some semblance of normal labour relations and the need for an island nation to have easy access to ferry services of a quality on which industry and the domestic sector can confidently rely; and if he will make a statement on the matter. [38218/05]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 109, 122, 129, 138, 147, 151, 291, and 292 together.

On 4 December 2005 the National Implementation Body made a series of recommendations to the social partners and the Government regarding the maintenance and protection of employment standards in the Irish labour market. The National Implementation Body also made recommendations in respect of the dispute at Irish Ferries. The Irish Ferries recommendations were as follows: that Irish Ferries should suspend its application to re-register its vessels on the register of Cyprus; the efforts to arrive at an agreement regarding the terms and conditions of employees who wish to remain in the employment of Irish Ferries should continue and be brought to a conclusion not later than 7 December; the terms and conditions of employees who are recruited to work on these Irish Ferries vessels in the future should reflect, inter alia, Irish minimum wage arrangements, in the context of the unique nature of the contracts of employment which typically operate in the maritime sector, and to the competitive pressures faced by the company; and in the event that the outcome of this process was that these vessels were not maintained on the Irish register, then the terms of any agreement with regard to existing employees, and the standards which would apply to employees who are recruited to work on these Irish Ferries vessels in the future, should be reflected in an agreement of binding character which would not be vitiated by any subsequent change in the country of registration. The NIB urged the parties, without prejudice to their respective positions, to engage fully with the Labour Relations Commission over the period ending on 7 December with a view to finalising an agreement.

Last week I met the management of Irish Ferries and representatives of SIPTU and ICTU to convey to them the Government's concerns as to the gravity of the situation and the wider implications of the ongoing dispute. I urged all sides to engage in the Labour Relations Commission process with a view to achieving a resolution to the issues in dispute. I welcome the fact that the parties to this dispute have entered into negotiations facilitated by the Labour Relations Commission. The work already undertaken by and with the National Implementation Body, the Labour Court and the Labour Relations Commission provides a firm basis for resolution. I hope the parties succeed in the process to resolve this dispute quickly and without further disruption to ferry services.

In so far as the terms and conditions of employees on an Irish registered vessel are concerned, I am advised that if the owner of the vessel is an Irish individual or body corporate that the employees on the vessel are subject to the provisions of Irish law.

While recognising the exceptional situation that has arisen in the maritime sector, it is important to remember that there is already a comprehensive body of employment rights legislation in place, 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. In general, this legislation mirrors the broader EU social protection framework in the area of employment rights. In this regard, and in line with the principle of subsidiarity, enforcement of employment rights legislation derived form EU directives is a matter for each member state to determine. This body of law is, and will continue to be, enforced by Government.

Following my 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 in order 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 at the moment. The objective is to formulate a set of recommendations for consideration by Government.

On 24 May last, the Minister of State, Deputy Killeen, 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 pursues the Government mandate to guide and drive the implementation of Government decisions on the role and functions of the employment rights bodies and to ensure the complexity of employment rights legislation does not impede understanding and compliance. The objectives of the exercise are to ensure streamlining of the roles of the employment rights bodies and simplification and consolidation of the corpus of employment rights legislation. Its work should be completed by the end of next year.

The concerns about the protection of workers' jobs, pay and conditions of employment raise complex legal and policy issues. The Government is committed 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.

Matters in relation to pension rights, PRSI and PAYE are matters for the Minister for Social and Family Affairs and the Revenue Commissioners. Matters on the availability of ferry services operating from Ireland are a matter for the Minister for Communications, Marine and Natural Resources.