Ruairi Quinn (Dublin South East, Labour)
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Question 270: To ask the Minister for Enterprise, Trade and Employment if he has had consultations with the Department of the Environment, Heritage and Local Government to discuss the way in which both Departments, with the assistance of the Competition Authority, can investigate the practices of anti-competitive activity, tax evasion and black market avoidance of social and safety standards including obligations under the regulations of his Department with respect to minimum wages; if he has measured the scale of the black economy in the construction industry as a percentage of total output in consultation with the Department of the Environment, Heritage and Local Government; the action he proposes to take to deal with this problem in order to ensure the survival of small and medium sized enterprises who are endeavouring to remain compliant in an industry that is subject to enormous pressures; and if he will make a statement on the matter. [17919/06]

Tony Killeen (Clare, Fianna Fail)
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The Minister has had no specific consultations with the Minister for the Environment, Heritage and Local Government in relation to the issues raised by the Deputy. As regards investigating anti-competitive activity, the Competition Authority is an independent statutory body responsible for the enforcement of competition law in the State. Accordingly, any allegations of anti-competitive activity should be referred to the Authority for investigation. The Authority also has a competition advocacy role and its Advocacy Division is available to advise Ministers and their Departments in relation to competition matters.

The Health and Safety Authority is responsible for enforcement of Safety, Health and Welfare at Work legislation. In order to make best use of its resources, the Authority has prioritised a number of sectors for attention in its Programme of Work for 2006 including the high-risk Construction Industry. With specific regard to the Construction Sector, the Authority plans to: conduct a major national road show which will visit a minimum of 5,000 construction workers; carry out a focused programme of 7,500 construction site inspections covering appointment of duty-holders and assignment of responsibilities, safety and health plans and safety statements, work at heights, reversing vehicle safety, welfare arrangements, and training arrangements; hold industry information briefings on the Construction Regulations targeting managers and designers and including vibration, noise, work at height, underground services, roof work, and the lifting equipment regulations; research the issues involved in the employment of non-English speaking workers; and prepare guidance on construction-specific aspects of work at a height and progress draft codes of practice on pre-cast construction, concrete anchors, and client best practice. Of particular note for small to medium enterprises in the sector, the Authority is preparing a Code of Practice on compliance with the legislation for those employing three or less.

The Minister has no information on the scale of the black economy in the construction industry. However, the Revenue Commissioners recently announced a targeted approach towards the Construction Industry/Property sector for 2006. This will involve up to 25% of Revenue's audit personnel concentrating specifically on this sector.

The wages and employment conditions of workers employed in the Construction Industry are governed and safeguarded by the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, which is enforced by the Labour Inspectorate of my Department. Labour Inspectors are empowered to seek compliance with payment of the statutory minimum rates of pay specified in the Agreement.

The enforcement of the provisions of a Registered Employment Agreement may also be effected under the Industrial Relations Acts. A trade union, an association of employers or an individual employer may complain to the Labour Court that a particular employer is not complying with a Registered Employment Agreement. If, after investigating a complaint, the Court is satisfied that the employer is in breach of a Registered Employment Agreement it may by order direct compliance with the agreement. Failure to comply with such an order is an offence punishable by a fine.

If the Deputy is aware of any breaches of the Registered Employment Agreement, he should please contact the Labour Inspectorate of the Department of Enterprise, Trade and Employment, which will investigate any allegations in this regard.