Michael Creed (Cork North West, Fine Gael)
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To ask the Minister for Jobs, Enterprise and Innovation if he will publish details of all allowances paid to staff in his Department; the business case made by his Department in respect of these allowances to the Department of Public Expenditure and Reform; the cost of each individual allowance; and if he will make a statement on the matter. [41416/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The following table sets out the list and the cost of all allowances that are currently being paid to staff in my Department. The rates of the allowances are sanctioned by the Department of Public Expenditure and Reform and an annualised amount has been provided in each case where possible. In respect of some, a range of allowance payable has been provided (where the rates vary depending on grade) or where there may be two rates (depending on whether the individual joined the civil service pre- or post- 1995).

My Department pays rent allowance for 8 staff assigned to Brussels and Geneva for the Presidency 2013. The total cost of rent allowance for 6 staff in Brussels for 2012 is €58,800 and €60,200 for 2013. Rent allowance for two staff in Geneva for 2012 is €40,671.75 and the same amount for 2013.

The Department also assumes the cost of certain allowances payable to a total of 10 staff on secondment to the Department of Foreign Affairs in respect of posts in Brussels, Geneva and London. These allowances are payable through the Department of Foreign Affairs payroll:

The amounts payable vary depending on the marital and family circumstances of the person concerned and the location to which they have been posted.

Four of the allowances referred to in the table on the previous page are specific to my Department. The following business cases were submitted to the Department of Public Expenditure & Reform in respect of two of these allowances:

Industrial Relations Officer Allowance

The role of an IRO is to interact directly with employers, employees, Trade Unions and Employer representative organisations in the Public and Private Sectors in an effort to conciliate solutions to Industrial Relations disputes. The role involves extensive out of hours working and a high degree of individual responsibility for decision making in an often unsupported environment. The nature of industrial dispute intervention by an IRO is a dynamic and unpredictable activity, not amenable to structure in the normal sense of working time organization. The employer receives a commitment on the part of the officer to prioritise his / her work demands, often at short notice, over any other aspect of their time. The employer receives delivery of extensive additional hours working without additional remuneration. It is considered that the degree of individual responsibility undertaken by HEO’s in the role exceeds that normally undertaken by officers of the grade.

It is not practicable to envisage the delivery of a conciliation system based on overtime working or on the basis of a ‘time in lieu’ arrangement. The operation of an allowance based system ensures maximum productivity from available resources and removes issues around availability of officers from the challenge of providing a responsive service to parties in dispute. In the view of the Commission, the allowance at current rates represents good value for money.

The Industrial Relations Act, 1990 commits the State to the provision of a Conciliation Service. That service consistently resolves 80% of all disputes referred to it. Access to the service is on a voluntary basis and the parties demand and expect that service delivery will be structured in a manner that responds to the pressures under which the parties operate. Conciliation Service delivery is consistently acknowledged by the Minister and the parties as fundamental to the effective working of our industrial relations system and any diminution or restriction of the service would have significant impacts in terms of dispute activity leading to days lost due to industrial action in the economy. The nature of service delivery requires that the HEO officers are willing and mandated to make decisions and take responsibility for the trajectory of dispute negotiations in an often unsupported environment. It is considered that the degree of such responsibility demanded of HEO IROs is beyond what would normally be demanded of officers in the HEO grade.

Labour Inspector Allowance

The Labour Inspectorate of the National Employment Rights Authority (NERA) is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers.

Labour Inspectors deliver an enforcement and information service in relation to employer obligations and employee rights/entitlements/protections falling due under a wide-ranging body of employment legislation and under Employment Regulation Orders and Registered Employment Agreements. The enforcement authority and powers in this regard, in respect of which the Inspectors are warranted and certified, are provided for in various legislative enactments.

Yes. Inspectors conduct comprehensive audits/inspections of employers to check their compliance with relevant legislative requirements. Such audits/inspections involve the interviewing of employers and of employees at places of employment and detailed examination of employer records. Inspection activity is organised and performed in line with policy objectives and targets as set down in the NERA Business Plan.

The allowance sanctioned for “Out of Working Hours” obligations is in respect of additional hours worked, i.e. Labour Inspectors are required to work up to 17% additional hours outside of normal working hours of which 10% will be out of normal working hours and the remaining 7% will be reckonable activity and will include, by way of example; Statement Taking; Remaining with tasks beyond normal finishing time (this does not relate to travelling time); Commencing tasks before normal starting time (this does not relate to travelling time); Appointments in the exceptional circumstances when an Inspector feels that an employer or employee can only meet with an Inspector outside of normal working hours.