Richard Bruton (Dublin North Central, Fine Gael)
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Question 298: To ask the Minister for Enterprise, Trade and Employment if he is satisfied that all contractors in the construction sector are paying established pay rates to non-Irish workers; and the level of inspections and prosecution in these sectors in this regard. [18457/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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The pay and conditions of workers in the Construction Industry are governed by Registered Employment Agreements (REAs) that are enforceable in accordance with the Industrial Relations Acts 1946 to 2004. The Labour Inspectorate of the National Employment Rights Authority (NERA) has authority to undertake inspections and associated enquiries to determine compliance with a range of employment rights legislation.

A trade union, an association of employers or an individual employer may complain to the Labour Court that a particular employer is not complying with these Registered Employment Agreements. If, after investigating a complaint, the Court is satisfied that the employer is in breach of a Registered Employment Agreement it may by order direct compliance with the agreement. Failure to comply with such an order is an offence punishable by a fine.

All employees have the same employment rights regardless of the employee's nationality. The Registered Employment Agreements, which set out pay and conditions for workers in the constructions sector, apply to non-Irish national employees in the same way as they apply to Irish workers.

Ensuring compliance with employment rights legislation is a key priority for Government and the social partners. The Deputy will be aware that a major package of measures was agreed by the parties to Towards 2016, the Social Partnership Agreement, to provide for enhanced public confidence in the system of employment rights compliance. New legislation will be published this year to provide for enhanced employment rights measures including the establishment of the National Employment Rights Authority. In addition, the number of Labour Inspectors is to be trebled as part of the initiative to increase the staffing resources of the Employment Rights Bodies generally.

Almost 230 inspections or visits were undertaken in the Construction Sector during 2006 in relation to compliance with the Registered Employment Agreements. A similar level of inspections in that sector was carried out under other employment rights legislation such as the Organisation of Working Time Act and the Payment of Wages Act.

The primary objective of the Labour Inspectorate in the case of the breaches detected was to seek compliance and rectification of any breaches identified, including redress for the individual/s concerned and payment of any arrears due to employees. In this regard the Inspectorate, in 2006, recovered, over all sectors, from some 349 employers, arrears of pay amounting to a total of almost €1.4 million. Prosecutions were initiated in 2006 against 24 employers in respect of breaches of employment rights legislation while prosecutions brought before the Courts in 2006 resulted in the imposition by the Courts of fines against 8 employers amounting to a total of €33,351.

The Labour Inspectorate is currently undertaking an intensive and targeted employment rights compliance and inspection campaign within the Construction Industry. Almost 300 construction companies have been contacted to date and almost 400 inspections undertaken both in company premises and on construction sites. Joint investigations with the Revenue Commissioners and the Department of Social and Family Affairs have also been undertaken and the three organisations are cooperating closely and exchanging information emanating from their respective independent construction inspections.