Written answers

Tuesday, 20 February 2018

Department of Jobs, Enterprise and Innovation

Equine Industry

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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259. To ask the Minister for Jobs, Enterprise and Innovation if she will report on the large number of employment legislation contraventions in the equine sector arising from inspections by the Workplace Relations Commission in 2017; and if she will make a statement on the matter. [8461/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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In 2017, the Workplace Relations Commission (WRC) initiated a compliance and enforcement campaign within the equine sector generally, including the horse racing industry.

Over the course of the year (Phase I) some 74 employers were identified and 73 inspections had been carried out for the purposes of checking compliance with, among other requirements, national minimum wage rates, employment permit obligations and working hours provisions including those relating to rest breaks, leave, public holiday and Sunday work entitlements.

During Phase 1 of the WRC campaign some 228 contraventions were detected. Of these:

- 29% related to work records,

- 25% related to a failure to grant Sunday, Public Holiday or Annual Leave entitlements,

- 16% related to terms of employment,

- contraventions of working hours, rest provisions and payslip provisions each accounted for 8%,

- 7% of contraventions involved a failure to pay National Minimum Wage rates or contracted amounts.

Some contraventions were also detected under Employment Permits and Protection of Young Persons legislation.

Just under half of the 74 cases opened under Phase I were completed before the end of 2017 and the associated 102 contraventions addressed. The remainder are in process.

Contraventions are initially drawn to the attention of employers by means of a Contravention Notice. Where the employer does not demonstrate compliance within the time limits imposed by the Inspector, and, depending on the legislation involved, the matter may be escalated in terms of the issue of Compliance or Fixed Payment Notices and/or the initiation of prosecution proceedings.

The WRC's activities in the equine sector also include an awareness and educational programme and engagement with stakeholders with the overall objective of achieving employment rights compliance. A Working Group, comprising the WRC, Horse Racing Ireland, Horse Sport Ireland and the Irish Thoroughbred Breeders Association, was established in October, 2017 on the recommendation of the WRC. This is with a view to collaborating and engaging with employers in the industry on measures to enhance compliance, including the production of a guide for equine employers on employment rights and obligations. The Group expects to launch this Guide before the end of March 2018.

The WRC is currently examining the outcomes from Phase I of its campaign. This examination will inform the scope and content of operations under Phase II which is expected to commence shortly.

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