Written answers

Tuesday, 6 December 2005

Department of Enterprise, Trade and Employment

Proposed Legislation

9:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 149: To ask the Minister for Enterprise, Trade and Employment the legislation which his Department intends to bring forward in the next 12 months to improve workers rights. [37911/05]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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We have 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. The full panoply of Irish employment law applies to all persons employed in Ireland, regardless of nationality. This body of law is and will continue to be enforced. In this regard the number of labour inspectors has recently been increased from 17 to 31. This will add significantly to the capacity of the labour inspectorate to ensure compliance with the law and to investigate complaints. In addition, I wish to outline a number of initiatives which are being undertaken at present and which focus specifically on the improvement of our employment rights framework, both in the short and medium term.

The employment rights compliance group consists of representatives of the social partners and several Departments. It is engaged in the consideration of 40 proposals contained in the report on the mandate and resources of the labour inspectorate and seeks to establish the degree of consensus which exists in respect of those proposals as well as a couple of others made by the social partners. This group is working towards the formulation of a thoroughly revised model of employment rights enforcement that will see redress mechanisms streamlined and a level competitive environment for those employers who are fully compliant with employment rights legislation.

An independent review of the joint labour committees was completed recently. Arising from this review and following bilateral consultations with social partners and stakeholders, my Department is now preparing a paper that will be used as the basis for implementation of the review in further consultation with the social partners and stakeholders.

The employment rights review group comprises representatives of several Departments, the employment rights bodies and the social partners. It pursues the Government's 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. It is expected that the work under way will feature in any forthcoming social partnership negotiations.

A major investment in education, particularly of migrant workers, and in the general dissemination of employment rights information is planned. This will consist of the strategic targeting of information at those who need it most. The delivery mechanisms and content will be formulated in consultation with social partners and others.

Employment rights compliance will be a feature in what may be the next round of social partnership and discussions with the social partners are well advanced, both in respect of the development of the legislative framework and the approach to adopt with regard to ensuring compliance. I am confident that an effective and more user-friendly structure will be achieved.

In addition, I am carrying out a review of the Employment Agency Act 1971. In June 2005, my Department issued a policy paper as part of this review and invited submissions to be made by 15 July 2005. A total of nine submissions were received. At present, my Department is examining the various matters raised by the respondents. It is my intention that, following further consultations with various interests and completion of the deliberative process, the heads of a Bill will be prepared and Government approval will be sought to have a Bill drafted by the Office of the Parliamentary Counsel to the Government. It is my intention that a Bill should be published in the first half of 2006. I believe the above initiatives, taken as a complete package, will improve workers' rights.

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