Ruairi Quinn (Dublin South East, Labour)
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Question 72: To ask the Minister for Foreign Affairs his views on the suggestion that in embassies in Europe, including here, there is non-compliance with internationally recognised labour rights and standards, particularly in relation to non-EU staff. [34205/08]

Micheál Martin (Cork South Central, Fianna Fail)
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All locally recruited staff in Irish Missions abroad, including those based in the other EU Member States, are treated equitably regardless of nationality. Local staff are remunerated at the mid to upper end of local salary norms and are employed in compliance with the applicable labour legislation. Where Irish statutory minimum standards exceed local entitlements, Irish standards are applied.

As regards Embassies in Ireland, the general position is that under the Vienna Convention on Diplomatic Relations, it is the duty of all persons enjoying privileges and immunities to respect the laws and regulations of the receiving State. Nevertheless, in the case of an employment law dispute involving an Embassy located in Ireland and a locally-recruited employee of that Embassy, the international law doctrine of sovereign immunity may apply in certain circumstances to deny the jurisdiction of the Irish courts. However, even where this is the case, the employment rights and standards at issue may still be enforceable in the courts of the foreign country concerned, if that state subscribes to those rights and standards.

Notwithstanding the above, my Department is not aware of any case where foreign Embassies in Ireland may be treating non-EU nationals any differently to EU nationals in their employment.