Clare Daly (Dublin Fingal, Independent)
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25. To ask the Minister for Jobs, Enterprise and Innovation if her Department will examine the ongoing failure by NERA and WRC management to secure compensation for underpayments in the social care sector; and if she will make a statement on the matter. [22885/18]

Pat Breen (Clare, Fine Gael)
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The Workplace Relations Commission (WRC) is responsible for ensuring compliance with employment rights legislation, including the national minimum wage in all sectors of employment. As the deputy will be aware, WRC inspectors, formerly NERA inspectors, routinely carry out inspections in all employment sectors, including in the social care sector, with a view to checking for and enforcing employment rights compliance by employers.

In the first instance, the WRC aims to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and, enforcement where necessary. If voluntary compliance cannot be achieved and employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees, these cases are referred for further prosecution.

The social care sector in Ireland comprises both public and private employers and in the period 2014 to 2017 the WRC Inspection Service has carried out inspections on an average of 80 premises per year in the Health and Child Care Sectors. As a result of this activity, €450,000 in unpaid wages has been recovered for workers in the sector in that period.

In 2017 alone, inspections led to more that €200,000 in unpaid wages being recovered across the health, nursing and childcare sector. I understand that the WRC plans to maintain this level of activity in the sector for this year.

I am confident that the resources of the WRC and the significant powers of the inspectors are sufficient to ensure that the rights of workers in the social care sector are enforced.