Leo Varadkar (Dublin West, Fine Gael)
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Question 252: To ask the Minister for Enterprise, Trade and Employment if fines have been levied against employers for the failure to pay the minimum wage; and if he will make a statement on the matter. [8020/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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In 2007 the National Employment Rights Authority carried out 1,942 inspections/visits in relation to the National Minimum Wage Act, 2000. The majority of the inspections/visits undertaken were part of a focused employment rights compliance inspection campaign in sectors covered by the National Minimum Wage.

In 192 cases, breaches were detected for offences such as failure to pay the appropriate rate/training rate under the Act, failure to keep records to show compliance with the Act, failure to keep records for 3 years as required by the Act. No prosecutions have been initiated to date in respect of these breaches. Arrears of €124,475 have been recovered to date.

The primary role of the National Employment Rights Authority in the case of breaches of employment rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees.It should be noted that in the majority of cases employers rectify breaches of employment law and pay any arrears due to employees without prosecution. However, the National Employment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation.

Leo Varadkar (Dublin West, Fine Gael)
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Question 253: To ask the Minister for Enterprise, Trade and Employment if the National Employment Rights Authority have the authority to fine employers who breach the Minimum Wage Act 2000; and if he will make a statement on the matter. [8021/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The primary role of the National Employment Rights Authority, in the case of breaches of employment rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees. It should be noted that in the majority of cases employers rectify breaches of employment law and pay arrears due to employees without prosecution.

While the National Employment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation, it does not have the authority to fine employers who breach the National Minimum Wage Act 2000. This is a matter solely for the courts to determine.

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.