Róisín Shortall (Dublin North West, Labour)
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Question 103: To ask the Minister for Enterprise, Trade and Employment the position of the investigation on the disclosure that Polish workers employed by a contractor at the ESB power station in Moneypoint were being paid well below the national minimum wage; the sanctions or penalties available against companies in such situations; the measures taken by his Department to date to ensure full compliance with all labour standards by all contractors, particularly those working for State companies; and if he will make a statement on the matter. [8341/07]

Tony Killeen (Clare, Fianna Fail)
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Following the identification in early 2006 of anomalies in the employment contracts of some sub-contracted staff at the Moneypoint Environmental Retrofit Project (MERP) site, both the ESB and the Labour Inspectorate conducted investigations into the matter. As a result of these investigations a Memorandum of Understanding between the ESB, the contractor and sub-contractor was agreed in March 2006 providing, among other matters, for the payment of the appropriate industry rates and the associated arrears to the workers concerned. Contractor Auditing Services (CAS), who are retained by the ESB to monitor payment and employment conditions at the Moneypoint site, have confirmed that these rates continue to be applied to the relevant workers.

The ESB is satisfied that the monitoring of the conditions of employment for contracted and sub-contracted staff at the Moneypoint site is working effectively in terms of ensuring that workers are remunerated in accordance with the agreed industry standards and bringing immediate attention to, and taking prompt action to address, any discrepancies that arise. The Labour Inspectorate's role has been to ensure that statutory minimum rates of pay and other conditions of employment for the workers involved are adhered to, that any breaches of the legislation that arise are rectified and any arrears paid. Ultimately, the Labour Inspectorate may initiate proceedings against employers in relation to such breaches. Employees also have access to the Rights Commissioner Service or the Labour Court in this regard.

I share the Deputy's concern to ensure that Irish employment rights legislation is applied in full in so far as employees engaged on Public contracts are concerned. In this regard, assurances were sought in March last year from all State Agencies that the statutory terms applicable to all workers in Ireland, regardless of nationality, were being adhered to in relation to all public contracts involving the supply of labour.

The Deputy will also be aware that the National Partnership Agreement Towards 2016, provides for a number of measures designed to enhance employment rights compliance. The new National Employment Rights Authority has been established on an interim basis while work is progressing on new employment rights legislation. A reconfiguration of the Labour Inspectorate is planned which will see its resources almost treble together with a process of regionalisation being implemented. In tandem with these activities a major programme of 'Education and Awareness' in respect of employment rights entitlements and obligations is to be researched and delivered.

The Government also signalled, in the context of the National Partnership talks, that the issue of better compliance with employment law was a high priority. This led, among other matters, to an agreement among the Social Partners on the importance of public procurement policy as a mechanism for contributing to the maintenance of employment standards and norms, including in respect of wage levels, while also ensuring competitive tendering and value for money in public expenditure. A number of specific measures were agreed in Towards 2016 in so far as supporting employment rights through public procurement is concerned.

I would urge those who may have information in relation to possible breaches of employment rights legislation to contact the Labour Inspectorate of the new National Employment Rights Authority.

Arthur Morgan (Louth, Sinn Fein)
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Question 104: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the exploitation of vulnerable workers on board vessels sailing in Irish waters (details supplied); and his plans to prevent the further exploitation of workers on board all vessels that sail in Irish waters. [8551/07]

Tony Killeen (Clare, Fianna Fail)
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The merchant vessels referred to by the Deputy are not registered under the Irish flag. The wages and conditions of employment of workers on board those vessels are, therefore, governed by the flag State's legislation (in this case Jamaica) and neither I nor the Minister for Enterprise, Trade and Employment have any responsibilities in these matters.

I understand that the vessels are subject to Port State Control (PSC) inspections in Ireland under the Paris Memorandum of Understanding (MOU)/EU Directive 95/21/EC. PSC inspections, which are undertaken by Marine Surveyors of the Department of Transport, include, amongst other items, inspection of the vessels' living and working conditions as regulated under the current International Labour Organisation (ILO) Conventions and in this case ILO 147/ ILO 180, which Ireland has ratified.

At a national level Ireland has consistently supported the International Labour Organisation in its efforts to promote decent global labour standards for seafarers. A new consolidated Maritime Labour Convention was adopted in February 2006 at the 94th International Labour Conference in Geneva. Ireland was represented at the 94th Conference by a tripartite delegation consisting of government officials, nominees of the employers (IBEC) and of the workers (ICTU). The new Convention sets out clear principles and rights for seafarers. Ireland fully supports the new Convention and voted in favour of the proposal.