Róisín Shortall (Dublin North West, Labour)
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Question 119: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to a television programme (details supplied) which outlined a systematic failure by some employers employing immigrant workers to pay the minimum wage, provide contracts of employment, honour tax and PRSI regulations and adhere to safety standards; the steps she will to take to ensure that immigrant workers are protected from such exploitation; and if she will make a statement on the matter. [44901/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I am fully conscious of the need for vigilance against the exploitation of vulnerable workers, including migrant workers. It is important to bear in mind that migrant workers can and do obtain the full benefits and protection of Irish labour law. Naturally, unscrupulous employers may try to take advantage of those in a vulnerable position. However, the Government will not stand aside while employers try to gain unfair competitive advantage by short-changing workers on their entitlements.

Our extensive and comprehensive body of employment rights legislation is the foundation for our protection of vulnerable workers, including migrants and includes: Protection of Young Persons (Employment) Act, 1996; The Organisation of Working Time Act, 1997; National Minimum Wage Act, 2000; Payment of Wages Act, 1991.

We also have a Code of Practice on engagement of domestic staff in private houses. The code was introduced in May, 2007 and emphasises that employees in other people's homes have an equal entitlement to the employment rights and protections available to any other employee. It highlights a number of these rights and includes provisions relating to protections that have particular relevance to these employers and employees.

The Employment Law Compliance Bill, 2008 will further strengthen the protective framework. The Bill, which is on the Order Paper of the Dáil, is being finalised at present in consultation with stakeholders and I have asked my Department to ensure that the second stage will be taken early in the next Parliamentary term.

As well as having a strong legislative foundation, we have highly effective Industrial Relations machinery through which to process claims by employees with grievances including the Rights Commissioners, the Labour Court and the Employment Appeals Tribunal.

In addition, we have strengthened inspection and enforcement. The recent media coverage to which the Deputy refers was a timely reminder of why the Government set up the National Employment Rights Authority (NERA) as a key outcome of the Social Partnership process. The issues that have been highlighted are disturbing. However, these issues are not unknown to us — in over 20,000 workplace inspections this year, NERA has determined an average breach rate of 21%. NERA has had considerable success since it started operations in 2007 in ensuring that abuses of workers rights and entitlements will not go unchecked.

NERA Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspection Services seek redress for the individual/s concerned and, if appropriate, a prosecution is initiated. In the year to the end of November, some €2.34 million in arrears was recovered on behalf of employees. 70 cases have, in the year to date, been referred to the Chief State Solicitor's Office for prosecution.

NERA's 2008 inspection programme featured targeted campaigns focusing on areas including security, catering and agriculture. In addition campaigns were carried out to check compliance with the National Minimum Wage Act and the Protection of Young Persons Act.

With the enactment of the Social Welfare and Pensions Act 2007, which came into operation on 30th March, 2007, NERA inspectors now undertake joint investigations and engage in information exchange with officers of the Revenue Commissioners and the Department of Social and Family Affairs.

The effective promulgation of employment rights information is also a prerequisite to compliance. No matter how efficient an inspectorate we have, not every case of exploitation will be caught. That is why one of the best defences we have against abuse of workers is good quality information and ease of access to redress — both of which will empower the individual vulnerable worker to take the matter further. Information and good communication of worker's rights is a key element of Employment Rights Compliance. Great emphasis is put on this by NERA, which reproduces its Employment Rights information in twelve languages and has 80 labour inspectors currently active who are skilled in foreign languages. These efforts are complemented greatly by the contribution that is made by the Social Partners — both Trade Unions and Employers — as well as the established Employment Rights bodies to greater awareness of responsibilities and rights in the workplace.

I urge anyone who has evidence of contraventions of employment rights legislation to furnish all the relevant details and any related materials to NERA's Inspection Services with a view to pursuing the matter.