Martin Ferris (Kerry North, Sinn Fein)
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Question 163: To ask the Minister for Enterprise, Trade and Employment if he will make a statement on wage rates within the tourism sector; and if he is satisfied that minimum wage regulations are being complied with. [2493/06]

Tony Killeen (Clare, Fianna Fail)
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Legislation governing rates of pay within the tourism sector depends on the nature of that work. The wages and employment conditions of workers employed in the hotel and restaurant business are in most instances governed by employment regulation orders made pursuant to the provisions of the Industrial Relations Acts 1946 to 2004.

The hotels employment regulation order applies to workers employed in hotels anywhere throughout the State except the county borough of Cork and areas known, until 1 January 1994, as the county borough of Dublin and the borough of Dún Laoghaire.

Wages and employment conditions of workers employed in the catering industry are governed by two catering employment regulation orders, one of which covers workers employed in catering establishments in the areas known, until 1 January 1994, as the county borough of Dublin and the borough of Dún Laoghaire, and the other employment regulation order which covers catering establishments outside that area. In the area of pay and conditions, for all other employees in the sector the provisions of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 apply.

The labour inspectorate of the Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.

Since November 2005 the number of labour inspectors assigned and serving has been increased to 31 officers. As part of the programme of work that is being implemented to train the new inspectors, their schedule includes a focus on national minimum wage compliance during February. In addition to the new inspectors, a number of experienced officers will be participating in this exercise also to provide support and guidance as well as undertaking inspections themselves.

It should be noted also that in many cases, employment rights legislation has provisions whereby workers who believe that they have been denied their entitlements or otherwise unfairly treated can, as an alternative to dealing with the labour inspectorate, take the matter before a commissioner in the rights commissioner service of the Labour Relations Commission.

I urge anyone who has specific evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.