Joan Collins (Dublin South Central, United Left)
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32. To ask the Minister for Jobs, Enterprise and Innovation in view of 62,000 workers registered in the construction industry as self-employed, that is more than 50% of the total workforce, his views that this represents a significant level of bogus self-employment. [18369/15]

Gerald Nash (Louth, Labour)
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The Central Statistics Office Quarterly National Household Survey indicates that at the end of Quarter 4 2014 there were 116,700 persons engaged in construction, 43,400 of which were self employed. This equates to 37%.

Ireland’s body of employment rights legislation protects all persons legally employed in Ireland on an employer-employee basis. Where NERA receives complaints in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with NERA. Complaints regarding the abuse of the sub-contracting or the Relevant Contracts Tax (RCT) system are solely a matter for the Revenue Commissioners.

In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the Office of the Revenue Commissioners, Department of Social and Family Affairs, Department of Enterprise, Trade and Employment, the Irish Congress of Trade Unions and the Irish Business and Employers Federation.

NERA has statutory authority to share information with both the Revenue Commissioners and the Department of Social Protection. Such information sharing takes place regularly between NERA inspectors and their counterparts in these bodies.

In cases of mutual interest, joint operations and/or inspections may also be carried out. This exchange and sharing of information, together with the joint operations, is a valuable element of the inspection process and contributes to uncovering non-compliance in the areas covered by the relevant bodies.

In the course of 2014 a total of 353 joint investigations took place with the Revenue Commissioners and /or the Department of Social Protection. These inspections may involve all or a combination of the three parties and in some instances may also involve the Gardaí.

NERA provides information on employment, equality & industrial relations legislation, through the Workplace Relations Customer Service and Information Unit. It can be contacted at Lo-call:1890 80 80 90 or via its website .