Ruairi Quinn (Dublin South East, Labour)
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Question 138: To ask the Minister for Enterprise, Trade and Employment if he has responded to the detailed questionnaire from the European Commission on the application here of the posting of workers directive and the request to present observations; the response to same; if the social partners were involved in the preparation of the response; and if he will make a statement on the matter. [4087/06]

Tony Killeen (Clare, Fianna Fail)
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The Department, in November 2004, provided a detailed response to the European Commission questionnaire on the application in Ireland of the posting of workers directive.

In a second report to the European Commission in January 2005, the Department provided a detailed account of the main provisions of Irish legislation which applies to posted workers. All employee protection legislation on the Statute Book in the State applies to posted workers in the same way as it applies to Irish workers. The report covered issues such as: the definition of a "worker" in Ireland's employee protection legislation; how Article 3(1) of the directive regarding the rights of posted workers was implemented; national case law, if any, in relation to posted workers; collective agreements giving effect to Article 3(1); co-operation procedures between member states; penalties for failure to comply with the legislation implementing the directive; and statistics on posted workers.

The European Commission did not require member state governments to consult their national social partners on the preparation of Ireland's response but this response was informed by both direct experience and ongoing contacts with the social partners regarding the functioning of the labour market and compliance with employment legislation.