Seán Ryan (Dublin North, Labour)
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Question 88: To ask the Minister for Enterprise, Trade and Employment the reason no prosecutions have taken place under the National Minimum Wage Act 2000 during 2005 and 2006 despite the increasing evidence of the exploitation of workers, especially those coming from overseas, including the high profile cases from the construction and mushroom picking industries; his views on whether no breaches of the National Minimum Wage Act 2000 have taken place since 2004; and if he will make a statement on the matter. [37731/06]

Tony Killeen (Clare, Fianna Fail)
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The number of inspections which have been carried out by the Labour Inspectorate in respect of compliance with the provisions of the National Minimum Wage Act 2000 in 2005 and 2006 was 481 and 2,818 respectively.

While no prosecutions were initiated under that legislation in 2005 or 2006 the Deputy should be aware that the primary objective of the Labour Inspectorate in cases where breaches of employment rights legislation have been detected is to seek redress for the individual or individuals concerned in terms of ensuring immediate compliance and rectification of any such breaches and, where these breaches have resulted in an financial loss to workers, to effect payment of any arrears due. In this regard over €1 million in arrears has been recovered to date in 2006 from employers arising from National Minimum Wage and other statutory minimum wage inspections by the Labour Inspectorate.

The Labour Inspectorate will initiate prosecutions, where appropriate, in cases of failure to effect compliance or rectify breaches detected. However, the number of prosecutions initiated or the number of successful prosecutions is not an effective indicator of either the incidence of breaches or the effectiveness of Labour Inspectorate enforcement.

The Deputy should be aware that statutory minimum rates of pay for certain sectors, for example Construction and Agriculture, are provided for under Employment Regulation Orders and Registered Employment Agreements, which are also enforced by the Labour Inspectorate.

Earlier this year the Labour Inspectorate undertook a targeted campaign, which included a focus on National Minimum Wage compliance. This focused campaign has substantially increased the number of inspections/visits carried out under the National Minimum Wage Act in 2006.

I can assure the Deputy that the inspection of compliance with the National Minimum Wage Act, 2000 and with other statutory instruments and agreements which provide for minimum rates of pay is a priority objective within the Labour Inspectorate. Routine and targeted inspections of compliance within all sectors, including the construction sector and the mushroom industry in which statutory minimum rates of pay are provided for by Employment Regulation Order and Registered Employment Agreement respectively, are important elements within the Inspectorate's programme of activities.