Róisín Shortall (Dublin North West, Labour)
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Question 144: To ask the Minister for Enterprise, Trade and Employment the position in regard to the investigation by the Labour Inspectorate into allegations of very serious irregularities in regard to the treatment of employees of a Turkish company (details supplied) which has been operating here; if all the workers have been given access to money held in accounts in a bank in Holland; if he has considered requesting the Gardaí to conduct an investigation into allegations that money had been diverted into accounts to which the workers previously had no access; and if he will make a statement on the matter. [18219/06]

Micheál Martin (Cork South Central, Fianna Fail)
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Allegations of non-compliance with labour legislation in respect of a major Construction Firm were raised in this House on 8 February, 2005 by Deputy Joe Higgins. Those allegations were that certain non-national construction workers were required to work excessive hours and that such workers were in receipt of pay of between €2.00 and €3.00 per-hour in contravention of the statutory minimums applicable.

The Labour Inspectorate undertook an investigation of these allegations. That investigation was completed within six weeks and required the exclusive attention of three Labour Inspectors under the direction of two senior members of staff. A report on the investigation was prepared and circulated to relevant parties, including the construction firm involved.

Subsequently, the Department was informed that the firm proposed seeking a Judicial Review with regard to the investigation and Inspector's Report. At an interlocutory hearing a judgment was given whereby the Department was restrained from publication of the Inspector's Report but permitted to forward the document to relevant prosecutorial bodies. On foot of this outcome a copy of the Inspector's Report was sent to the Department of Social and Family Affairs, the Revenue Commissioners, the Office of the Director of Public Prosecutions, the Competition Authority, the Office of the Director of Corporate Enforcement and the Garda Commissioner.

The Inspector's Report was quashed in the judgement that followed the full High Court hearing of the case. That decision is being appealed to the Supreme Court. I am unable, accordingly, to elaborate any further on the content of the Inspector's Report or offer any observations on the actions that the prosecutorial bodies, mentioned above, may be considering.

Arising from my concern that all Turkish workers would have access to the money that had been transferred to their bank accounts in Finansbank in Amsterdam, the Minister and officials met with senior management from GAMA Turkey and GAMA Ireland, the legal advisors to GAMA Turkey, and a Human Resources consultant, retained by GAMA. At that meeting, I was assured by these senior managers, their Legal Advisor and the Human Resources consultant that all GAMA workers in Ireland, past and present, would have full access to the money that had been transferred to their bank accounts in Finansbank.

The Minister contacted the President of Finansbank and was assured that, provided the consent of the workers was forthcoming, his bank would co-operate in ensuring that officials would have sight of relevant bank records in his bank, so that they could be satisfied that all workers would have access to the money in their bank accounts. Officials from the Department travelled to Finansbank on 14 April, 2005.

Following these meetings and contacts which my officials had with SIPTU and the Deputy, I am satisfied that a substantial number of Turkish workers, who were in Ireland around last April, received value for the funds that had been transferred to their personal bank accounts in Finansbank.

The Department wrote to GAMA Turkey's legal advisors on 29 April, 2005 seeking certain details on each current and former GAMA employee, including the money transferred to Finansbank and the money transferred from Finansbank to their personal bank account in Isbank in Turkey. Despite reminders to GAMA Turkey's legal advisors, and engagement with a PR company engaged by GAMA, this information was not supplied at the time. Some weeks ago a substantial volume of data was presented by GAMA to the Department and was examined by my officials. The information supplied was not sufficient to enable me to assure the Deputy that all GAMA workers in Ireland, both past and present, have received value for the amounts that were transferred into their personal accounts in Finansbank.

The Department has advised GAMA by letter dated 4 April, 2006 that the material recently supplied does not enable the establishment of the factual position in relation to the workers about whom I am concerned. GAMA has been asked again to supply the missing information.