Written answers

Thursday, 12 November 2009

Department of Enterprise, Trade and Employment

Labour Inspectorate

5:00 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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Question 13: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of fully trained and deployed labour inspectors with the National Employment Rights Authority; the number of inspectors in training; and if she will make a statement on the matter. [40895/09]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 24: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when cross departmental joint labour investigation teams will be operational; and if she will make a statement on the matter. [40937/09]

Photo of George LeeGeorge Lee (Dublin South, Fine Gael)
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Question 73: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when the cross-departmental joint labour investigation teams will be operational; the number of labour inspectors actively performing inspections; and if she will make a statement on the matter. [40943/09]

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Question 75: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of labour inspectors employed by the National Employment Rights Authority; the number of labour inspectors available for assignment on normal duties; the number of labour inspectors in training following recruitment; the status of the recruitment campaign to increase the labour inspectorate to 90 inspectors; and if she will make a statement on the matter. [41075/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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I propose to take Questions Nos. 13, 24, 73 and 75 together.

Joint investigation arrangements 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, 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 the agencies in question to work jointly in a more targeted, co-ordinated way.

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 2007, joint investigation activity, involving NERA for the first time, took place during the Construction Industry Campaign in May-July 2007. In 2008, 12 joint investigations were undertaken in a number of sectors including the catering, hotel and haulage sectors. In 2009, joint investigation activity has continued both through exchanges of information and through joint inspections. NERA has undertaken a total of 38 joint inspections with Revenue and/or Social and Family Affairs to date this year.

The three bodies are proactively promoting and encouraging joint activity at a central and local level.

I believe that the effective operation of Joint Investigations provides a key opportunity to maximise the impact of the three inspectorates and to deal with employees in a co-ordinated way.

With regard to current levels of Labour inspectors, the position is as follows — NERA currently has a team of 73 inspectors in place. 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. 60 inspectors were assigned to NERA from these competitions. 18 Inspectors have left NERA over the past two years 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 73.

All new inspectors completed the NERA Inspection Services Introductory Training Programme and have undertaken further training, including on-the-job training with experienced inspectors. This involves working with experienced Inspectors in carrying out inspections and other associated enquiries at places of work with a view to determining compliance with different employment rights legislation. Sixty inspectors have completed the Introductory Training Programme to date. The knowledge and skills of NERA Inspectors are continuously being developed through the provision of targeted training programmes and on-the-job training. All of these Inspectors are currently available for normal duties.

The moratorium on recruitment and promotions in the Public Service introduced by the Minister for Finance on the 27th March has made it very unlikely that NERA will be able to increase the number of inspectors for the foreseeable future.

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