Mary Upton (Dublin South Central, Labour)
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Question 101: To ask the Minister for Enterprise, Trade and Innovation the number of breaches of employment legislation recorded by National Employment Rights Authority in the accommodation sector in 2009; and if he will make a statement on the matter. [19471/10]

Dara Calleary (Mayo, Fianna Fail)
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Hotels in the Dublin, Cork and Dun Laoghaire municipal areas are subject to the National Minimum Wage Act. In rest of the country accommodation providers are covered by the rates of pay and terms and conditions set out in the Hotels Employment Regulation Order which provides for minimum rates of pay that are normally in excess of the national minimum hourly wage.

The National Employment Rights Authority (NERA) carried out a total of 131 inspections in the hotels sector under the Hotels Employment Regulation Order during 2009 and found 96 to be non-compliant, a breach rate of 73%.

In 2009 NERA made a total of 2,981 inspections under National Minimum Wage Act and 200 breaches or a 7% breach rate was discovered. NERA's existing management information system does not allow this global National Minimum Wage figure to be further broken down on a sectoral basis. It is not possible, therefore, to identify the number of breaches of the National Minimum Wage Act that specifically relate to the providers of accommodation.