Jerry Cowley (Mayo, Independent)
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Question 1108: To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 382 of 3 October 2006, the reason the case of a person (details supplied) in County Mayo is not nearer a resolution and his Department appears to be ineffectual in this regard; his views on whether there is a point in people taking a case when a poor response ensues; his further views on whether it is sending poor signals when people try to vindicate their rights and after doing so the legislation is ineffectual and useless; and if he will make a statement on the matter. [1701/07]

Tony Killeen (Clare, Fianna Fail)
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There have been no developments in this case since my response to the Deputy's previous question. The Department referred the file in this case to the Chief State Solicitor's Office in October 2005 to institute legal proceedings against the employer. The Chief State Solicitor's Office in turn referred the file to the State Solicitor for the area in which the employer concerned normally resides.

As explained in my previous response the Department has no function in relation to the operation of the Chief State Solicitors' Office or in the services provided by the State Solicitors. The Department has, however, maintained contact with the Chief State Solicitors' Office and the relevant State Solicitor to monitor progress and developments.

In the circumstances I cannot accept the Deputy's assertion that the Department has been ineffectual in this case. Indeed, in 2006, my Department's Enforcement Unit successfully concluded over 60 enforcement cases and collected associated arrears of almost €200,000.

I am, however, aware that difficulties arise in certain cases in relation to the enforcement of determinations of the Employment Appeals Tribunal and the Labour Court. Indeed there is widespread recognition that compliance with legal requirements needs to be enhanced and underpinned by adequate enforcement.

In accordance with the commitment by the parties in Towards 2016, a New Compliance Model is being developed which seeks to maximise the effectiveness of the substantially increased compliance effort and simplify the adjudication and redress mechanisms available in the employment rights area. The general principles of the new compliance model will be that matters be resolved at the level of the workplace where possible; that interactions between employers and employees and trade union representatives, as appropriate, be supported by the enhanced employment rights promotional and educational efforts directed at them; and that initiation and ownership of cases will rest with the complainant, insofar as possible.

The legislative provisions necessary to provide for this and other commitments agreed in Towards 2016, in the area of employment rights, are currently being considered by the Department.