Brian O'Shea (Waterford, Labour)
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Question 67: To ask the Minister for Enterprise, Trade and Employment the number of workplace inspections carried out by labour inspectors during 2006 and to date in 2007 to ensure that young workers are not being employed outside the hours permitted by the relevant regulations; the number of such inspections that took place outside of normal working hours; and if he will make a statement on the matter. [31144/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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The number of inspections/visits undertaken by Inspection Services in 2006 and to date in 2007 to check compliance with the Protection of Young Persons Act (Employment), Act, 1996 are as follows:

in 2006; 3,347 inspections/visits were undertaken, 1,766 of which were conducted at night-time; and

to date in 2007; 1,123 inspections/visits were undertaken, 284 of which were conducted at night-time.

The National Employment Rights Authority, NERA, will shortly embark on its annual campaign to ensure compliance with the legislation. This campaign will target in particular the licensed/catering and retail trade, where many of these young workers will be employed. It is expected that by year end the number of inspections under this legislation will be similar to last year.

The Protection of Young Persons (Employment) Act, 1996 is designed to protect the health of young workers and to ensure that work during the school years does not put a young person's education at risk. The provisions of the Act encompass arrangements that are differentiated by reference to the age of young persons concerned, their school going status and whether school holidays are in effect.

It is an increasing reality that many young people are taking on jobs, be it part time or full time during holiday periods. While many enjoy a very positive experience there is a risk that others may be exploited. It is important therefore that young people are aware of their rights and what steps they can take should they find those being breached.

I would encourage employers to make themselves aware of their obligations under the Protection of Young Persons Act by contacting the National Employment Rights Authority's Information Services on 1890 80 80 90. I would also urge young workers who consider themselves to be victims of exploitation or others who may be aware of breaches of the legislation to contact the Authority.

Ciarán Lynch (Cork South Central, Labour)
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Question 68: To ask the Minister for Enterprise, Trade and Employment if he will report on progress made in the establishment of the Office of the Director of Employment Rights Compliance; and if he will make a statement on the matter. [31140/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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The Government is committed to delivering the key package of measures agreed under the chapter dealing with Employment Rights and Compliance in Towards 2016.

In this regard the National Employment Rights Authority (NERA) has been established on an interim basis since February 2007. NERA has Department of Finance sanction for 141 staff, including an increased complement of 90 Labour Inspectors. An allocation of €8.553 million was provided under Vote 34 for the year 2007.

Three units which were formerly part of the Department of Enterprise, Trade and Employment, have been subsumed into NERA – the Employment Rights Information Unit, the Labour Inspectorate and the Prosecution / Enforcement Unit.

The Director of NERA was appointed and took up duty on 12 February 2007. The Director is supported in his role by a management team including legal and accounting expertise and an administrative staff which are now fully in place.

Recruitment of the additional Inspectors is also progressing. The number of Inspectors has increased from 31 to 51. Final interviews for a further 10 Inspectors with language skills took place on 5th November. Interviews for the remaining 29 Inspectors were completed on the 23rd November.

I am pleased with the progress made to date and I am confident that, subject to all the successful candidates accepting appointments offered, all 90 appointments will be made by end of 2007, in accordance with the commitment under Towards 2016.

As part of the Government decentralisation programme, NERA established its headquarters in Carlow at the end of July 2007. The Social Partnership Agreement "Towards 2016" also provided that the Labour Inspectorate, now part of NERA, would be established on a regional basis and in this regard, the new regional structure of NERA Inspectorate is being progressed.

In addition to Inspectors located in NERA headquarters in Carlow, regional offices of the Inspectorate will be located in Dublin, Cork, Shannon and Sligo. At this time, inspectors are operating out of the NERA headquarters in Carlow, Dublin and temporary accommodation in Cork. In consultation with OPW, permanent premises have been leased in Cork and will be occupied once furnished with the assistance of OPW. In relation to Sligo, a permanent premises has been identified and is the subject of lease negotiations. In relation to Shannon, temporary accommodation has been secured while the permanent premises is under construction. The projected completion date for the permanent premises is March 2008.

In line with the commitment under Towards 2016, joint investigation activity and exchange of information activity has commenced with Inspectors from NERA, the Revenue Commissioners and the Department of Social and Family Affairs. The necessary legislative provisions to enable the exchange of information between the three bodies came into effect on 30th March with the enactment of the Social Welfare and Pensions Act 2007.

An information provision and public awareness campaign is being actively planned and a series of meetings with stakeholders have been undertaken to initiate structured dialogue between NERA and stakeholders.

The necessary legislation to give statutory authority to NERA is being progressed through the preparation of the Employment Law Compliance Bill which will be published this year. I am pleased with the progress made to date.

Liz McManus (Wicklow, Labour)
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Question 69: To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the Labour Inspectorate during 2006 and to date in 2007 to check that the minimum wage was being paid; the number of breaches detected in these inspections; the number of prosecutions that followed; and if he will make a statement on the matter. [31143/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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Insofar as sectors covered by the National Minimum Wage Act, 2000 are concerned, the number of inspections/visits during which breaches were detected and the number of prosecutions initiated for breaches of that Act for the year 2006 and to date in 2007 are as follows:

in 2006: 2,002 inspections/visits were undertaken; in 104 cases breaches were detected and in one case a prosecution was initiated.

in 2007 up to and including 23rd November: 1,733 inspections/visits were undertaken; in 180 cases breaches were detected and no prosecutions have to date been initiated.

The majority of the inspections/visits in 2007 were undertaken as part of a recent focused employment rights compliance inspection campaign in sectors covered by the National Minimum Wage.

The primary role of Inspection Services, now encompassed by the National Employment Rights Authority, or NERA, in the case of breaches of employments rights legislation, 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.

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 reserves 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.

As outlined above, a focused employment rights compliance inspection campaign took place recently 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.