Gerald Nash (Louth, Labour)
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278. To ask the Minister for Jobs, Enterprise and Innovation the number of inspections undertaken by NERA to date in 2013 in respect of the enforcement of REA rates of pay at school construction sites; the locations of such inspection visits by county; the number of cases of non-compliance identified; and if he will make a statement on the matter. [49342/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The Supreme Court in its judgment in McGowan & others -v- Labour Court Ireland & others on 9 May 2013 declared that "the provisions of Part III of the Industrial Relations Act 1946 are invalid having regard to the provisions of Article 15.2.1 of the Constitution of Ireland".

The judgment had the effect of striking down Registered Employment Agreements put in place under the 1946 Industrial Relations Act. As such, the National Employment Rights Authority no longer has the authority to enforce any such agreements that existed before the Supreme Court judgment.

However, the existing contractual rights of workers in sectors previously covered by Registered Employment Agreements are unaffected by this ruling. Contractual rights can be altered only by agreement between the parties involved.

The table provides details of the number of inspections carried out in relation to school construction sites in the course of 2013 to date. The inspections were carried out under current employment legislation.

NERA: School construction site inspections 2013.