Written answers

Tuesday, 7 July 2009

Department of Enterprise, Trade and Employment

Labour Inspectorate

12:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 77: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when the cross-departmental joint labour investigation teams will be operational; the current number of labour inspectors actively performing inspections; and if she will make a statement on the matter. [27139/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The joint investigation teams between the National Employment Rights Authority (NERA), the Department of Social and Family Affairs and the Office of the Revenue Commissioners have been operational since 2007.

The Social Partnership Agreement 'Towards 2016', provided for greater co-ordination between organisations concerned with employment rights compliance, with a view to realising the considerable potential for synergy that exists in this area. In particular, the Agreement provides that authorised officers of the National Employment Rights Authority (NERA) will join with officers of the Department of Social and Family Affairs and the Revenue Commissioners to work together in Joint Investigation Units. The role of these Joint Investigation Units, or JIUs, is to address areas where evidence suggests that non-compliance with employment rights legislation exists.

The Social Welfare and Pensions Act, 2007, which came into operation on 30th March, 2007, provides for the disclosure of relevant employment data between the Office of the Revenue Commissioners, the Minister for Social and Family Affairs and the Minister for Enterprise, Trade and Employment/NERA. This legislation effectively enables NERA to join with the Department of Social and Family Affairs and the Office of the Revenue Commissioners to work together in Joint Investigation Units.

Since the enactment of the Social Welfare and Pensions Act, 2007, exchange of information activity has taken place between the bodies in a number of specific cases. In addition, JIUs, involving NERA with Revenue and/or Social and Family Affairs have also taken place. In 2007, joint investigation activity, involving NERA for the first time, took place during the Construction Industry Campaign in May-July 2007. In 2008, joint investigation activity has been undertaken in a number of sectors including the catering, the hotel and the haulage sector. In 2009, joint investigation activity has continued both through exchange of information and through joint inspections.

The three bodies are proactively promoting and encouraging joint activity at a central and local level. I understand that a series of regional meetings were held late last year involving the relevant inspectors in those regions. These meetings have ensured that all officers understand their respective roles and potential synergies arising from working together within the parameters set out in the legislation.

I believe that the effective operation of JIUs provides a key opportunity for us to maximise the work of the three inspectorates. This has been proven in the past with JIU operations between Revenue and the Department of Social and Family Affairs. NERA's experience to date of JIU activity, both exchange of information and joint inspections, has been very positive and has added greatly to their ability to provide an effective inspection service.

In relation to the number of inspectors, NERA currently has in place a team of 77 Inspectors. Recruitment competitions have been held to bring the number of Inspectors from the original level of 31 Inspectors up to the level of 90 committed to under Towards 2016. Sixty inspectors were assigned to NERA from these competitions. Fourteen Inspectors have left NERA over the past year as a result of promotion or internal and external Departmental transfers and re-assignments. As a result, the total number of NERA Inspectors currently stands at Seventy Seven. One of the seventy seven inspectors is currently not actively performing inspections due to maternity leave.

The Minister for Finance recently introduced a moratorium on the filling of vacancies until the end of 2010, in light of which NERA will not be in a position to fill current and future Inspector vacancies during that timeframe.

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