Ruairi Quinn (Dublin South East, Labour)
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Question 939: To ask the Minister for Enterprise, Trade and Employment if he proposes to introduce a licensing system for employers to help curb abuses of existing labour laws as well as the exploitation of migrant workers; the steps he proposes to take to further ensure the proper treatment of employees; and if he will make a statement on the matter. [28464/06]

Tony Killeen (Clare, Fianna Fail)
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There are no proposals to introduce an employer licensing system in the context of enhancements of the employment rights compliance framework. However, new legislation will be published before the end of this year reinforcing the existing system of regulation of employment agencies by requiring all such agencies established and/or operating in Ireland to hold a licence. In this regard, the legislation will set out the conditions for the granting of a licence and will also put in place a statutory Code of Practice covering standards of behaviour for employment agencies. Compliance with the Code of Practice will be a condition of licensing.

As the Deputy may be aware, we have a comprehensive body of employment rights legislation. The objectives of this legislation are to, among other matters, protect employees against arbitrary behaviour by employers, provide for the safety and health of workers and foster labour market harmony by promoting policies that minimise conflict and maximise fairness. These provisions, which are administered by various State organisations and services including the Employment Appeals Tribunal, the Labour Court, the Rights Commissioner Service and the Labour Inspectorate, apply to all persons employed on an employer-employee basis in Ireland.

The Labour Inspectorate of the Department of Enterprise, Trade and Employment is responsible for monitoring certain employment conditions for all workers in Ireland, including immigrant workers. The Inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to other Irish workers. Should evidence of non-compliance with the relevant employment rights legislation be found, the Inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated.

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.

The Social Partnership Agreement, Towards 2016, sets out a number of commitments with regard to employment standards and compliance including a commitment to establish an Office of the Director of Employment Rights Compliance. The Office will be established through the enactment of primary legislation and will be led by a Director at senior management level. While the Office will retain a presence in Dublin it is anticipated that there will be a regionalised structure with the headquarters located in Carlow.

The legislation establishing the new Office will also address a variety of issues in the area of Employment Rights Compliance including a move towards greater accessibility for employees to redress via the Rights Commissioner Services. In that context it will be a matter for the new Director to develop a range of policies and procedures reflecting the changed landscape for employment rights enforcement.

Towards 2016 also provides for a trebling in the number of Labour Inspectors, greater coordination among organisations concerned with compliance, new requirements in respect of record keeping by employers, enhanced employment rights awareness activity, the introduction of a new and more user-friendly system of employment rights compliance, increased resourcing of the system and higher penalties for non-compliance with employment law.