Arthur Morgan (Louth, Sinn Fein)
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Question 258: To ask the Minister for Enterprise, Trade and Employment if, in view of the fact that provision of board and lodgings has been connected with many cases of exploitation of migrant workers, the minimum wage legislation will be amended to remove the provision whereby if an employer provides an employee with full board and lodgings, or lodgings only, or full board only, a monetary allowance can be included as reckonable pay for the purpose of compliance with the national minimum wage. [4555/06]

Tony Killeen (Clare, Fianna Fail)
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The national minimum wage legislation provides for a monetary deduction to be made from the statutory minimum pay of an employee if the employee is provided with board and-or lodgings as follows: for full board and lodgings €54.13 per week or €7.73 per day; for full board only per week €32.14 per week or €4.60 per day; for lodgings only per week €21.85 per week or €3.14 per day. The inclusion of this provision in the national minimum wage legislation was recommended by the inter-departmental group on implementation of a national minimum wage. This approach is consistent with the inclusion of such monetary allowances in certain employment regulation orders, EROs, which set the terms and conditions of employment for workers in sectors such as hotels and catering. It was the view of the inter-departmental group that the monetary value of the allowances for the purpose of the national minimum wage would not be set at market value but rather would be similar to the amount provided for in the EROs. I have no plans to remove these provisions from the minimum wage legislation.

The Payment of Wages Act provides a range of rights for all employees in relation to the payment of wages, including protection against unlawful deductions from pay. The Act provides a right of complaint to a rights commissioner for any employee who has had an unlawful deduction made from wages.

The Deputy should also be aware that the labour inspectorate is empowered to investigate complaints concerning breaches of the National Minimum Wage Act 2000 and 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.