Tommy Broughan (Dublin North East, Independent)
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213. To ask the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to a broadcast programme (details supplied) in relation to the difficulties posed by the lack of enforcement of the posted workers directive and legal loopholes in the transposition of the directive across all member states of the European Union; and if his Department has examined the allegations made in relation to the actions of the Irish registered company named in the programme; and if he will make a statement on the matter. [43870/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The issues raised in the programme in question relate primarily to the manner in which EU rules governing the posting of workers operate in practice. In this respect the Deputy may be aware that in May of this year the EU’s Council of Ministers adopted a new Directive designed to better enforce the EU rules on the posting of workers and so provide more robust safeguards to protect the rights of posted workers and to prevent social dumping. The Directive also aims to ensure fair competition between service providers and to improve co-operation and co-ordination between the relevant authorities of Member States. The Directive is due to be transposed by June 2016. A decision on the manner of transposition of the Directive has not yet been taken. My Department will engage in a public consultation on the transposition of the Directive early in the new year.

The Directive will provide significantly enhanced protection for workers being posted to Ireland and for those employees of Irish companies being posted to other Member States to fulfil contracts secured by their company. When workers are being posted to Ireland, in future, our National Employment Rights Authority (NERA) will have to be informed of the identity of the service provider, the number of workers being posted, the duration of the posting, as well as details of the location and nature of the services to be provided. There will also be a designated contacted person from the service provider to liaise with NERA and appropriate records will have to be maintained for inspection. These provisions will greatly enhance the role of NERA in ensuring vulnerable workers are not exploited and Irish employment law is fully respected. Similar provisions will have to be in place across the E.U. which will significantly enhance enforcement.

Of equal importance, Irish companies will be protected from unfair competition on the domestic market by ensuring foreign service providers cannot unfairly undercut nationally determined terms of employment. It also provides for more effective co-operation between national authorities like NERA in the area of enforcement.

With respect to the Irish company that featured in the programme, I can confirm that NERA has co-operated fully, within the limits of its remit, with the relevant French authorities in respect of requests for assistance in relation to investigations in that jurisdiction. NERA will continue to offer assistance, within its remit, to the French authorities and to the relevant authorities of other Member States that may seek its assistance.