Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 294: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to streamline the issuing of work permits; and if she will make a statement on the matter. [19670/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Employment Permits Section of my Department informs me that following the introduction of new administrative arrangements in 2007 under the Employment Permits Act, 2006, employment permits are now issued on the basis of different permit types with dedicated staff working in each group. This system has streamlined the work of the section allowing faster times for issuing. Currently, fully completed applications for all employment permit types are processed within our business target of 15 working days.

Paul Kehoe (Wexford, Fine Gael)
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Question 295: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if, with regard to electrical contractors and the fact that a private company (details supplied) is calling on contractors and requesting to see their books and records, including payroll, she will confirm the way statutory authority would be given to a limited company to force employers to hand over their books and records in order that they carry out an inspection to see if the employees are in the pension scheme operated by the construction workers pension scheme and then report the matter to the Labour Court; if she had a role in promoting the CWPS to business people when they were setting up in business, in view of the fact that it has come to this Deputy's attention that the Technical Engineering Union has suggested in correspondence that the details of this pension scheme are readily available through the Labour Court and her Department; if she is satisfied that when the Labour Court passes a complaint to the labour inspectorate of her Department as a result of an inspection carried out by the company which is a limited company with no statutory powers, that she should recommend prosecution; and if she is further satisfied that section 27(3)([i]c[/i]) of the Industrial Relations Act 1946, has been fully met by the Labour Court and that all sides to the employment agreement between the Electrical Contracting Association and the Technical and Engineering Union, meet the criteria of substantially representing the majority of the employers and unions in the industry, particularly when this agreement was set up on 24 September 1990, and as at the latest review dated 11 May 2007. [19808/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The company to which the Deputy refers (EPACE) was established under the aegis of the National Joint Industrial Council for the Electrical Contracting Industry. While its main objective is to advise Electrical Contractors of their responsibilities under the Registered Employment Agreement (REA) for the Electrical Industry it also carries out inspections of Electrical Contractors in order to ensure compliance with the agreement. While the organisation does not have statutory authority under employment rights legislation to undertake such inspections, Electrical Contractors have in the past been in general willing to facilitate, and cooperate with, these arrangements.

Section 45 of the Employment Law Compliance Bill 2008 is intended to support and enhance monitoring and inspection activity in relation to compliance with the Registered Employment Agreement in the electrical contracting industry. The Bill awaits consideration by Dáil and Seanad Éireann. In the meantime current arrangements continue to apply. Regarding the question of initiating prosecutions on the basis of an inspection undertaken by EPACE, the Deputy should be aware that enforcement of the provisions of the Registered Employment Agreement for the Electrical Sector is effected through the Labour Court under the Industrial Relations Acts.

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 the Agreement. As EPACE does not have a statutory basis for taking a complaint to the Labour Court, complaints to the Court in respect of non-compliance with the Registered Agreement are in the normal course made by the Technical and Electrical Engineering Union (TEEU). If, after investigating a complaint, the Labour Court is satisfied that the employer is in breach of the Agreement, it may by order direct compliance with the Agreement.

NERA's Inspection Services receive requests, from time to time, from the Labour Court to undertake an inspection of an employer's records for the purposes of securing certain employee details. Such information is then used by the Labour Court in calculating the amount of pension or other arrears due to employees in the context of a complaint made by the TEEU. In such cases, therefore, the Labour Court is the relevant redress authority and I, as Minister, do not have any function insofar as making a determination or initiating a prosecution is concerned. Failure to comply with an order of the Labour Court is an offence punishable by a fine. In accordance with section 7 of the Industrial Relations Act, 1946 the Minister may bring proceedings in relation to such offences. Insofar as non-compliance with Labour Court orders directing compliance with the Registered Employment Agreement for the Electrical Sector is concerned, the practice is for the TEEU to request the Department to initiate legal proceedings against the relevant employer.

As regards the specific query about Section 27.3(c) of the Industrial Relations Act, 1946, I repeat that the Labour Court is a separate statutory body, which acts independently of the Minister in the carrying out of its functions. I have no function in relation to the decision making process of the Court.