Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 246: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to concerns that migrant agricultural workers in the Border regions are being shunted by their employers from one side of the Border to the other in order to evade each jurisdiction's employment laws; if labour inspectors working in Border regions are specifically trained to look out for this type of violation; the communications he has had with his northern counterpart on the issue and the steps they are jointly taking to address the problem; and if he will make a statement on the matter. [17231/06]

Tony Killeen (Clare, Fianna Fail)
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The Labour Inspectorate of the Department of Enterprise, Trade and Employment is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including migrant agricultural workers. The Inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to migrant workers in exactly the same manner as they do to other Irish workers.

For the avoidance of doubt Section 20 of the Protection of Employee's (Part-Time) Work Act, 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996.

Section 20 of the 2001 Act also provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus all Employment Rights Legislation applies to migrant workers engaged to work in the State under a contract of employment.

As part of their training all Inspectors are made aware of the employment rights provisions in relation to all workers, including those who may reside outside the State.

Labour 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/s concerned and, if appropriate, a prosecution is initiated.

The Minister has had no communications with the Northern Ireland authorities on the specific issue raised by the Deputy. If the Deputy is aware of any breaches of Employment Rights Legislation, please contact the Labour Inspectorate of the Department of Enterprise, Trade and Employment who will investigate any allegations in this regard.