Leo Varadkar (Dublin West, Fine Gael)
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Question 626: To ask the Minister for Enterprise, Trade and Employment the systems in place to regulate recruitment agencies; and if he will make a statement on the matter. [1149/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The operation of employment agencies in the State is regulated by the Employment Agency Act 1971 and Regulations made under it. Under this legislation an employment agency that has premises in the State is required to have an employment agency licence in order to operate in the State. In order to obtain such a licence, the premises of an employment agency must conform to prescribed standards of accommodation in relation to access and egress, cleanliness and tidiness, heating, lighting, ventilation, privacy, seating and safety and these standards must be certified by the applicant for an employment agency licence.

In addition the applicant for an employment agency licence must be, in the opinion of the Minister, a person of good character and repute. This is verified by my Department by the receipt of references from two independent persons vouching for the character of the applicant and by a report from the Garda Síochána as to the character of the applicant.

An employment agency licence covers a period of one year and is renewable on a yearly basis. Each yearly application for an employment agency licence must be accompanied by a fee of €500.

I would add that it is a contravention of the 1971 Act for an employment agency with premises in the State to operate in the State without an employment agency licence or to charge a job seeker a fee for seeking employment for him or her. A person who contravenes the Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 and to a further fine not exceeding €1,000 in respect of each day on which the offence is continued.

The Social Partnership Agreement, Towards 2016, contains a commitment to introduce new legislation in this area and work is continuing on the development of proposals in this regard.

Leo Varadkar (Dublin West, Fine Gael)
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Question 627: To ask the Minister for Enterprise, Trade and Employment if recruitment agencies may advertise jobs that do not exist or are not available; and if he will make a statement on the matter. [1150/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Employment agencies in Ireland are licensed under the terms of the Employment Agency Act 1971. Under the terms of the Employment Agency Act 1971, which regulates the operation of employment agencies in the State, it is not an offence for an employment agency to advertise jobs which do not exist or are not yet available. My Department's understanding is that the aim of such advertising could be to attract potential candidates and an agency would then be in a position to invite interest from potential employers.

Any specific complaints about agencies made to my Department are followed up in the normal way. The Labour Inspectorate (now the National Employment Rights Authority) has responsibility for the enforcement of employment rights arising from a range of employment rights legislation. Inspectors would pursue allegations of worker mistreatment — whether employed through agencies or otherwise — and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspectorate seeks redress for the individuals concerned and, if appropriate, a prosecution is initiated.