I am again answering on behalf of Minister of State, Deputy Kitt. In recognition of the increasing workload of the labour inspectorate, the Government in December 1999 made a decision to strengthen the service by the appointment of seven additional authorised officers. The complement of inspectors is now 17 but as a consequence of career breaks and promotions, there are currently only 14 inspectors active in the service. Steps are in train at present to restore the service to its full complement.
Apart from the staffing issue, the labour inspectorate has undergone a major review of its operations. That exercise is approaching a conclusion and it is anticipated that the effectiveness and efficiency of the service will be improved significantly as the outcome of the review is implemented over the next few months.
The Department's labour inspectorate of the Department has responsibility for the enforcement of all employment rights legislation. Such legislation covers a wide range of areas including the payment of wages, organisation of working time, covering areas such as holiday entitlements, rest periods, maximum working time and night work, safeguarding of employees' rights on the transfer of undertakings, protection of young persons at work, minimum wage entitlements, provisions contained in employment regulation orders and registered employment agreements arising from industrial relations legislation.
All persons employed under a contract of employment within the State are entitled to the full protection of Irish employment rights legislation. Breaches of provisions contained in the legislation may come to the attention of the Department either by way of complaint by an individual employee or other concerned person or by routine inspections carried out by the Department's labour inspectorate. Allegations of breaches of employment legislation, such as excessive working hours and non-payment of national minimum wage or holiday pay, are thoroughly investigated by the labour inspectorate.
Labour inspectors have powers to enter places of work, question employers and employees and examine records. Inspectors carry out night work as part of their normal conditions of service and that element of their duties is almost exclusively related to protection of young persons enforcement work. The Department's labour inspectorate operates objectively, fairly, impartially and without any differentiation with respect to nationality.
Where it appears that an employer has failed to comply with the legislation and irregularities are not resolved through the co-operation of the employer in question, the matter is referred to the Department's legal advisers for consideration as to the institution of legal proceedings against the employer concerned.