Mary Lou McDonald (Dublin Central, Sinn Fein)
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To ask the Minister for Jobs, Enterprise and Innovation following the recently published Migrant Rights Centre Ireland Report December 2012 Part of the Family which illustrates the way the unregulated au pair system is being used to facilitate cheap childcare and that leaves au pairs without basic protections, if he intends to address the issue of au pairs here; and if he will make a statement on the matter. [6485/13]

Richard Bruton (Dublin North Central, Fine Gael)
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There is no definition of the term “Au-Pair” in Irish employment rights legislation.

The National Employments Rights Authority (NERA) investigates complaints in relation to breaches of employment law. Any complaints received by NERA in relation to Au Pairs would first be examined using the “Code of Practice for Determining the Employment or Self-Employment Status of Individuals” in order to determine whether or not the person is in fact an employee.

If the person is determined to be an employee, they enjoy the full protection of Irish Employment Law, and the NERA inspection and enforcement procedures operate in the normal way. A Code of Practice for Protecting Persons Employed in Other People’s Homes (S.I. No. 239 of 2007) is in place and can be accessed on NERA’s website.

Section 20 of the Protection of Employees (Part-Time) Work Act 2001 provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a legal contract of employment that provides for his or her being employed in the State or who works in the State under a legal contract of employment. Therefore, once it is clear that a person is working under such a contract of employment in another person’s home, on a full-time or part-time basis, that person has the same protection under law as all other employees.

Where people have concerns that employees may be exploited or receiving less than their statutory entitlement, the matter should be reported to NERA for investigation.

I note that the MRCI report indicates that it is Au Pairs from outside the EU, and who hold student visas, that are facing increased vulnerability. The Department of Justice and Equality operates the student visa scheme. My Department does not currently issue employment permits for domestic workers; they are currently an ineligible category. The Department of Children and Youth Affairs have responsibility for childcare matters.