Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 49: To ask the Minister for Enterprise, Trade and Employment the plans he has to enact statutory powers to the Construction Industry Monitoring Agency to enforce compliance with the construction industry's mandatory pension scheme. [31645/06]

Tony Killeen (Clare, Fianna Fail)
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The Construction Federation Operatives Pension Scheme (generally referred to as CFOPS) has been established on foot of a Registered Employment Agreement for the Construction Industry. The terms of the agreement apply to a range of categories of workers in the industry.

The Construction Industry Monitoring Agency was formed in 1989 under an agreement between the employers and Trade Unions in the Construction Industry. The main objectives of the Agency are to address the dual issues of non-compliance with the terms of the Registered Employment Agreement governing pensions and sick pay and the black economy within the Industry.

Enforcement of compliance with the CFOPS is a matter primarily for the Labour Court. In pursuing the matter the Labour Court can be assisted by the Labour Inspectorate. Acting on specific information from the Court, the employment records of an employer will be examined by an Inspector and any relevant information gathered is communicated back to the Court subsequently.

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 (ODERC) and to effect greater co-ordination between organisations concerned with employment rights compliance, with a view to realising the considerable potential for synergy that exists in this area. The ODERC will develop an ongoing structured dialogue with all parties to the agreement, so that building on close co-operation, a comprehensive and responsive system of compliance and enforcement can be developed. It will be open to the parties to the agreement to provide for this dialogue in memoranda of understanding to be agreed bilaterally with the new Office. Officials of my Department are in the process of preparing legislation to implement the commitments contained in "Towards 2016".