Written answers

Wednesday, 24 October 2007

Department of Enterprise, Trade and Employment

Labour Inspectorate

8:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 90: To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the labour inspectorate and the number of prosecutions initiated by the inspectorate in respect of the years 2002 to 2006 and to date in 2007; if there are plans to increase this number during the remainder of 2007; and if he will make a statement on the matter. [25381/07]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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The number of workplace inspections/visits undertaken by the Inspection Services (during and after normal business hours) and prosecutions initiated in respect of the years 2002 to 2006 and to date in 2007 are set out in the following tabular statement. I am pleased to say that almost 8,000 inspections/visits have been undertaken in the year to date.

I am advised by the Director of the National Employment Rights Authority (NERA), which has assumed responsibility for Inspection Services, that a focused employment rights compliance inspection campaign has been underway for the past two weeks in sectors covered by the National Minimum Wage. Such targeted campaigns, accompanied by awareness and promotional activities, will be a significant feature of NERA's future employment rights compliance and information strategy.

The primary function of the Inspection Services is 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 Inspection Services, in 2006, recovered from some 349 employers arrears of pay amounting to almost €1.4 million. To date in 2007, over €2 million in arrears has been recovered.

The inspection services have referred 15 cases to date in 2007 for prosecution. It should be noted that in the majority of cases employers rectify the breaches and pay arrears due to employees without recourse to prosecution. However, Inspection Services reserve the right to initiate prosecutions in respect of breaches of certain employment legislation. Decisions in relation to prosecutions are made in the light of, among other matters, the particular circumstances of the case and the willingness of employees to give evidence in court proceedings.

The Deputy should be aware that Rights Commissioners of the Labour Relations Commission, a body independent of my Department, also hear complaints concerning breaches of the National Minimum Wage Act 2000, the Organisation of Working Time Act 1997, the Carer's Leave Act, 2001, the Parental Leave Act, 1998 and the Payment of Wages Act 1991. In addition, Unions may make a complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946 in relation to breaches of a Registered Employment Agreement while Section 45 of the 1946 Act provides that employees may initiate proceedings in respect of failure to comply with the minimum wage conditions of an Employment Regulation Order.

In accordance with commitments given under Towards 2016, the Social Partnership Agreement, the number of Inspectors is scheduled to increase to 90, from the starting position of 31, by the end of 2007. Fifty one Inspectors currently hold appointments as Inspectors with the National Appointment Rights Authority (NERA). The Public Appointments Service's recruitment and selection process for 10 Inspectors with specific language skills is at an advanced stage at present while the competitions for the remaining Inspector positions are being progressed.

I met recently with the Director and senior management of NERA and am encouraged by the progress made to date in relation to the recruitment and training of additional Inspectors and in the enhancement generally of our employment rights compliance and information provision capability.

Employment Rights Compliance Inspections and Prosecutions Initiated: 2002-2007 (to date)
YearInspections/VisitsProsecutions Initiated
20028,32325
20037,16820
20045,16014
20055,71925
200615,8858
2007 (to 12/10/07)7,84915

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