Labour Inspection Convention, 1947 (No. 81) - Ireland (Ratification: 1951)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(1)(a) and (b), 17 and 18 of the Convention. Strategy of the labour inspection services to ensure compliance with the legal provisions. The Committee notes the data and statistics provided by the Government in its report in reply to its previous request concerning the enforcement activities of the Workplace Relations Commission (WRC) and the Health and Safety Authority (HSA). The Committee takes note of this information, which addresses its previous request.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its request to indicate the measures it is taking to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, and to provide information on the manner in which it ensures that the cooperation with the immigration authorities is kept separate from labour law enforcement activities, that: (1) the main interaction between the WRC and the Irish National Immigration Service/Garda National Immigration Bureau takes place in the context of inspections by the Workplace Relations Commission (WRC) seeking information on the right to work of third country nationals under immigration legislation, in order to ensure compliance with the Employment Permits Acts; (2) less than 10 per cent of inspections were carried out jointly with other regulatory bodies in 2019 and less than 2 per cent in 2020; 3) in 2020, no inspections were carried out with the Irish National Immigration Service and only a small number involved the Garda National Immigration Bureau, largely where serious exploitation of workers was suspected and where offences both under the remit of WRC Inspectors and the Garda were likely to have been involved.

Regarding its previous request for information on the possibility for foreign workers in an irregular situation to assert their rights before the courts, the Committee notes the Government’s indication that: (i) the WRC is willing to take forward proceedings which meet the criteria laid out in this regard in relevant provisions of the Employment Permits Act 2003, and actions for redress are brought in the Civil Courts rather than the Labour Courts; (ii) such action would be undertaken together with the main representative group dealing with Migrant Rights (Migrants Rights Centre of Ireland); and (iii) to date one such case has been successfully resolved by way of settlement with the employer concerned, while another case has been referred for consideration. The Committee also notes the indication by the Government that the WRC has highlighted the relevant provisions of the Employment Permits Act 2003 in public presentations to employees, employers and statutory bodies, and that it has undertaken to place relevant information on its website. The Committee welcomes the information provided and trusts that the Government will continue taking forward proceedings on behalf of foreign workers in an irregular situation and providing information and advice to such workers in order to allow them to assert their rights before the Courts, in addition to continuing its broader efforts to make the relevant provisions of the Employment Permits Act 2003 better known among employers, employees and statutory bodies.

Articles 10 and 16 of the Convention. Sufficient number of labour inspectors and adequate coverage of workplaces by labour inspection. The Committee notes that, according to the statistical information provided by the Government regarding the number of labour inspectors working at the WRC and the HSA and the inspection visits undertaken : 1) the number of inspectors at the HSA fell from 111 in 2018 to 105 in 2020 (although the number of full-time inspectors remained constant at 96); 2) the number of labour inspectors working at the WRC decreased from 58 in March 2018 to 52 in April 2021; 3) the number of inspection visits undertaken by the WRC increased from 5,753 in 2018 to 7,687 in 2020, and those undertaken by the HSA from 9,830 in 2018 to 10,295 in 2020. The Committee hopes that the Government will ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate, and requests that the Government continue to provide statistical information on the number of labour inspectors working at the WRC and the HSA and the inspection visits undertaken by these bodies.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the annual reports of the HSA and the WRC communicated with the Government’s report and available on the respective websites of those agencies, which largely include the information and statistics demanded by Article 21 of the Convention. The Committee takes due note of the Government’s indication that the WRC will review that Article with a view to ensuring the annual reports also contain all the data required to comply with Article 21(c) of the Convention (statistics of workplaces liable to inspection and the number of workers employed therein). The Committee requests the Government to continue its efforts to ensure that future annual reports on the labour inspection activities contain all the information required under Article 21 of the Convention, including Article 21(c).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Irish Business and Employers Confederation (IBEC) received by the Office on 1 September 2017 and the observations made by the Irish Congress of Trade Unions (ICTU) received by the Office on 10 September 2018.

Articles 3(1)(a) and (b), and 6 of the Convention. Reform of the labour inspection services entrusted with the control of working conditions. Appointment of labour inspectors. The Committee notes the response in the Government’s report, in reply to the Committee’s request concerning the status and conditions of service of labour inspectors working at the Workplace Relations Commission (WRC), which in 2015 replaced the National Employment Rights Authority (NERA), that labour inspectors are permanent public servants and enjoy stability of employment. In this respect, the Committee also notes the explanations provided by the IOE and the IBEC that while section 26(4) of the Workplace Relations Act (WRA) refers to appointments on a fixed-term basis, the cessation of “appointment” is required in cases in which labour inspectors are moving to a different role, including when they leave the public service.

Articles 3(1)(a) and (b), 17 and 18. Strategy of the labour inspection services to ensure compliance with the legal provisions. The Committee notes the Government’s reference, in response to its request regarding the strategy of the WRC to avoid recidivism, to two new enforcement mechanisms, the so-called “compliance notice” and “fixed payment notice” under the 2015 Workplace Relations Act. Compliance notices require employers in breach of the legislation to take measures, and fixed payment notices require employers in breach of the relevant legislation to make a payment within a 42-day period – failure to take these measures may result in prosecution by the WRC in the courts. The Committee also notes, from the statistics provided by the Government that in 2017, out of 4,747 inspections undertaken by the WRC, 185 compliance notices were issued (i.e. for 3.9 per cent of inspections) and 28 fixed penalty notices were issued (i.e. 0.6 per cent), while 125 ended in prosecutions (i.e. 2.6 per cent). The average compliance rate with the legislation for which the WRC was responsible was 43 per cent. The Committee further notes from the 2018 annual report of the WRC that in 2018, the WRC undertook 5,753 labour inspections, of which 120 resulted in compliance notices, and 21 in fixed payment notices and 98 (i.e. 1.7 per cent) ended in prosecutions. Forty-five per cent of all employers inspected were found to be in breach of employment legislation to some degree, with over half of the breaches discovered related to failure to keep adequate employment records (52 per cent). The 2018 report further indicates that the total value of wages recovered has been increasing, from €1.5 million in 2016, to €1.77 million in 2017 and €3.1 million in 2018. The Committee also notes that the IOE and the IBEC indicate, with regard to the low number of legal proceedings relative to the number of incidents of non-compliance, that this is because many of the breaches are technical breaches of employment rights legislation. The employers’ organizations add that the WRC inspectors recognize the difficulties posed by technical breaches, including with respect to record keeping on working time, and therefore tend to adopt a compliance-based approach rather than an approach based on prosecutions. The organizations indicate that, in their view, this is an appropriate use of discretion, as envisaged in Article 17 of the Convention. The Committee requests the Government to continue to provide relevant statistical information on the compliance rate in relation to the legislation falling into the responsibility of the WRC. It also requests the Government to continue to provide detailed information on the enforcement activities of the WRC as a result of their inspection activities (number of inspections undertaken, cases of non-compliance detected, compliance notices and fixed payment notices issued and prosecutions undertaken, as well as the outcome of the prosecutions). Noting an absence of information in this respect, the Committee also once again requests the Government to provide the relevant statistical information as regards the activities of the Health and Safety Authority (HSA).

Article 3(2). Additional duties entrusted to labour inspectors. In its previous comment, the Committee noted the Government’s indication that monitoring compliance with the Employment Permits Act (EPA) is an integral part of labour inspectors’ functions and that joint inspections were also carried out in collaboration with the police. The Committee requested information on the enforcement of the rights of undocumented migrant workers.

The Committee notes the Government’s indications, in response to the Committee’s request that WRC inspectors work with the immigration authorities as well as the Garda National Protective Services Bureau (a dedicated Government agency responsible for assisting victims of human trafficking) on issues relating to persons working without the required permission and suspected victims of trafficking and forced labour. The Government adds that the current legislative framework does not enable labour inspectors to seek remuneration for a person employed without a work or resident permit. However, it indicates that persons in that position may avail themselves of the provisions of section 2B of the EPA, which enables them – under certain conditions – to take civil proceedings for recompense for work carried out, or have the Minister carry out such proceedings at their request. The Government also indicates that when pursuing breaches of the EPA, it is the WRC’s policy to not prosecute persons working without permission, the focus remaining on the employer. Finally, the Committee also notes the joint observations of the IOE and the IBEC that joint inspections with the police are carried out only in rare cases involving serious criminal activity.

In this respect, the Committee also notes the observations made by the ICTU that despite the measures referred to by the Government, migrant workers still widely believe that the labour inspector’s main function is to enforce immigration rules rather than working conditions and to target workers, not unscrupulous employers. The ICTU adds that joint inspections with the immigration authorities are a major contributory factor to this perception. A separation of activities and clear, safe reporting mechanisms for undocumented migrants who are victims to exploitation and crime would enable the enforcement of their labour rights and assist in the eradication of exploitation and forced labour. The trade union indicates that the lack of firewalls (i.e. the lack of measures to separate immigration enforcement activities) means that victims of workplace exploitation or trafficking are usually afraid that if they report the crime to the WRC or to the police their immigration status may come to light with the risks of detection, detention, and deportation. In this respect, the Committee recalls that in its 2017 General Survey on certain occupational safety and health instruments, it indicated that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country (paragraph 452). The Committee requests the Government to indicate the measures it is taking to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to provide for the protection of workers in accordance with Article 3(1) of the Convention. In this respect, it requests the Government to provide specific information on the manner in which it ensures that the cooperation with the immigration authorities is kept separate from labour law enforcement activities affecting the same employers and workers, and does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of the Convention. Noting the Government’s indication that migrant workers in an irregular situation can assert their rights before the labour courts or that the Ministry can undertake relevant proceedings for them at their request, the Committee requests that the Government provide information on any actions taken by labour inspection services to provide information and advice as regards the possibility to undertake such proceedings, as well as information on any specific instances in which migrant workers in an irregular situation have asserted their rights before the labour courts or have requested the Ministry to undertake the relevant proceedings, and the results of them.

Articles 4 and 5(a). Effective cooperation between inspection bodies. The Committee notes the information provided by the Government, in reply to the Committee’s request, on the cooperation between the WRC and the HSA.

Articles 10 and 16 of the Convention. Sufficient number of labour inspectors and adequate coverage of workplaces by labour inspection. In its previous comment, the Committee noted that the number of labour inspections undertaken by the National Employment Rights Authority (NERA) had decreased from 8,859 in 2009 to 5,591 in 2011. It noted a moratorium on public sector recruitment introduced in 2009 and that the number of staff of the NERA had decreased from 132 in 2008 to 108 in 2010.

It notes from the information provided in the Government’s report and in the 2018 annual report of the WRC that the WRC undertook 4,747 labour inspections in 2017 and 5,753 labour inspections in 2018. The Committee also notes the clarifications provided by the Government that the decrease between 2008 and 2010 in the number of staff working at NERA, as previously noted by the Committee, concerned the total number of staff and not only labour inspectors. The IBEC and the IOE indicate in this respect that there were not 132 inspectors in 2008, and that although there had been agreement in 2006 to raise the number of inspectors to 90, this never occurred due in part to the reduction in employment following the 2006–07 recession. The Committee also notes from the statistical information provided by the Government that the number of labour inspectors working at the WRC was 58 as of March 2018 (an increase from 46 in 2017). The Committee further notes the information concerning the number of labour inspectors (82 full time and 19 part time as of 2017) and inspections undertaken by the HSA. The Government states that the Department of Business, Enterprise and Innovation works on determining the allocation of staff resources with the agencies concerned, including with the WRC and the HSA, while reflecting the requirement to manage the pay bill and staff numbers in accordance with Government policy. The Committee takes due note of the Government’s indication that the moratorium on recruitment and promotion in the public sector has now been lifted and it welcomes the Government’s indication that permission was given in 2018 to the WRC and the HSA to increase the number of inspection staff. The Committee requests the Government to continue to provide statistical information on the number of labour inspectors working at the WRC and the HSA and the inspection visits undertaken by these bodies.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the annual reports of the HSA and the WRC communicated with the Government’s report and available on the respective websites of those agencies. It notes that both reports contain information on the total number of staff working at both agencies, but does not provide specific information on the number of labour inspectors (Article 21(b) of the Convention). It also notes that statistics of workplaces liable to inspection and the number of workers employed therein are missing in both reports (Article 21(c) of the Convention). The Committee requests the Government to ensure that future annual reports on the work of the labour inspection activities contain all the information required under Article 21 of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3(1)(a) and (b), 4, 5(a), 6, 7, 10, 12, 15, 16, 17 and 18 of the Convention. Reform of the labour inspection services entrusted with the control of employment rights. The Committee previously noted that the National Employment Rights Authority (NERA) was responsible for the enforcement of legislation concerning working time, leave, payment of wages and minimum wages and employment permits, while the Health and Safety Authority (HSA) was responsible for the enforcement of occupational safety and health (OSH) legislation. Further to the plans announced by the Government in its previous report, the Committee notes that as of October 2015, the newly created Workplace Relations Commission (WRC) has assumed functions that were previously performed by the NERA and other bodies, including the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and Labour Court. The Committee notes the Government’s indication that the WRC is governed by the 2015 Workplace Relations Act (WRA), and that its core services include: monitoring employment rights compliance; the processing of licences concerning employment agencies; the protection of young persons (employment); and the provision of mediation, conciliation and facilitation, and advisory services.

While the Committee notes that the Government refers to the functions of the WRC as including the monitoring of employment rights compliance and that Part III of the WRA is entitled “enforcement”, it also notes that the function of securing the enforcement of the legal provisions relating to conditions of work and the protection of workers as provided for in Article 3(1)(a) is not listed among the functions of the WRC enumerated in section 11 of the WRA. The Committee also notes that some of the provisions in the WRA do not transpose the principles of the Convention, for example, the requirement in Articles 6 of the Convention to provide labour inspectors with the status and conditions of service to assure them stability of employment (section 26(4) of the WRA enables appointments on a fixed-term basis). Given that the Government indicates that the WRC has assumed the functions of the employment rights tribunals, the Committee requests that the Government provide information regarding how the reform complies with Article 17. The Committee requests that the Government provide further information on the system for the enforcement of legislation concerning working time, leave, payment of wages and minimum wages, including statistical information on the number of labour inspections carried out in practice, the provisions monitored and the measures taken as a result of non-compliance detected (information which is not contained in the report of the WRC for the period from October to December 2015).

The Committee recalls that in so far as the legal provisions relating to conditions of work and the protection of workers are enforceable by labour inspectors and the functions as provided for in Article 3(1)(a) are entrusted to them, the Government is required to ensure that full effect is given to the principles in the Convention, including guaranteeing labour inspectors the status and conditions of service (i.e. the status of public servant and stability of employment) to ensure their independence and impartiality (in conformity with Article 6).

Articles 3(1)(a) and (b), 17 and 18. Strategy of the labour inspection services to ensure compliance with the legal provisions. In reply to the Committee’s previous request on the reason for the low level of prosecution and the measures taken to improve compliance with the legal provisions, the Committee notes the Government’s indication that it is the policy of the NERA (whose functions have now been assumed by the WRC) to seek voluntary compliance where breaches of employment law are detected and that employers are given a reasonable opportunity to rectify breaches in preference to prosecution. In this respect, the Committee notes from the 2014 annual report of the NERA that, in that year, the percentage of all inspections that ended in legal proceedings remained very low (only 1.5 per cent), while the average compliance rate with the legislation for which the WRC is now responsible also remained below 60 per cent. The Committee notes from the 2015 annual report of the HSA, that this inspection body also pursues an approach primarily based on the provision of information and advice, and through enforcement where necessary.

With regard to the possible courses of action once a violation has occurred, the Committee recognizes that a violation may result from a failure to understand the terms or scope of the applicable laws or regulations and that labour inspectors therefore should have the discretion to give directions on remedial measures and warnings rather than instituting or recommending legal proceedings in appropriate cases. However, the Committee also recalls from paragraph 482 of the 2017 General Survey on the occupational safety and health instruments concerning the promotional framework, constructions, mines and agriculture, that the availability of sanctions and the possibility that they will be imposed by labour inspectors, where merited and warranted to deter future violations, constitute important components of any preventative strategy. The Committee recalls, as stated in paragraph 282 of its 2006 General Survey on labour inspection, that labour inspectors should have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will which call for a penalty and an involuntary or minor violation, which may lead to a mere warning. In view of the consistently high non-compliance rate with legislation falling within the responsibility of the WRC, the Committee once again requests that the Government provide information on the strategies taken to avoid recidivism. In this respect, it recalls that an appropriate balance needs to be struck between the advisory functions of labour inspection, and its enforcement functions as part of a comprehensive compliance strategy. It requests the Government to continue to provide relevant statistical information on the compliance rate in relation to the legislation falling into the responsibility of the WRC, and HSA, and provide information on the enforcement activities of these inspection bodies as a result of their inspection activities.

Article 3(2). Additional duties entrusted to labour inspectors. In its previous comment, the Committee noted that the NERA was entrusted with ensuring compliance with the Employment Permits Act (EPA). In this respect, the Committee notes the Government’s indication that monitoring compliance with the EPA is an integral part of labour inspectors’ functions and that joint inspections were carried out in collaboration with the police, in addition to the social security and tax authorities. While the Committee notes the Government’s indication that the NERA monitored compliance with the conditions attached to the granting of work permits (including working hours and wages), and refers to the number of cases in which employers were prosecuted for non-compliance with the EPA, the Committee also notes that the Government has not provided the requested information concerning the measures taken to grant workers that were found to have engaged in non-declared work their due rights. In addition, the Committee reminds the Government that the involvement of inspection staff in police operations is not conducive to the relationship of trust that it is essential to enlisting the cooperation of employers and workers with the labour inspectorate, and is not in conformity with Article 3(2) of the Convention. The Committee requests that the Government indicate whether WRC inspectors – previously NERA inspectors – monitor work performed without work permits and whether they are involved in joint operations with the police. It also requests that the Government continue to provide statistical information on legal proceedings instituted, penalties imposed and provide information on the enforcement of the rights of undocumented migrant workers (including concerning outstanding wages and other benefits from their employment relationship).

Articles 4 and 5(a). Effective cooperation between inspection bodies. The Committee notes the information provided by the Government, in reply to the Committee’s request, on the cooperation between the NERA and the HSA (formerly the major inspection bodies) including, for example, through the envisaged exchange of information and the coordination of investigation activities. Noting from the Government’s information that the WRC has assumed the functions previously carried out by the NERA, the Committee requests that the Government provide information on the manner in which the inspection and control activities of the WRA and HSA are coordinated in practice.

Articles 20 and 21. The publication and communication to the ILO of consolidated annual labour inspection reports. Further to its previous comments in this regard, the Committee notes that a consolidated labour inspection report, integrating inspection data from both inspection branches, the HSA and the NERA, has not yet been received, and that the 2015 report of the HSA and the report of the WRC (for the period from October to December 2015) do not contain all the statistical information required under Article 21 of the Convention. The Committee notes the Government’s indication that future annual reports of the WRC will address the issue raised by the Committee under these Articles. The Committee once again requests that the Government take the necessary measures for the elaboration and publication by the central labour inspection authority of a consolidated annual report that contains all the information required under Article 21 of the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 10 and 16 of the Convention. Sufficient number of labour inspectors and adequate coverage of workplaces by labour inspection. In its previous comment, the Committee noted that the number of labour inspectors working within the National Employment Rights Authority (NERA) had decreased from 132 in 2008 to 108 in 2010, and that the number of labour inspections, as a result of this reduction, had decreased from 8,859 in 2009 to 5,591 in 2011. The Committee notes the Government’s indication, in reply to the Committee’s request, that the reasons for this reduction are due to the moratorium introduced in 2009 on recruitment and promotion in the public sector. While the Committee notes that the Government has provided the requested information on the recruitment of labour inspectors with specific language skills, it also observes that no information has been provided on the current number of labour inspectors working within the Workplace Relations Commission (WRC) and the Health and Safety Authority (HSA).

In its previous comment, the Committee also noted the Government’s reference to the identification of non-compliance risk areas as a measure to achieve improved coverage of workplaces by labour inspections. In this respect, the Committee welcomes the details provided by the Government on the factors for identifying high-risk sectors or workplaces including, among other things, statistics on previous compliance levels and those obtained from the tax and social security authorities; and sectors known for low payment levels, long working hours, precarious working conditions, or a high incidence of migrant workers. The Committee requests that the Government provide information on the human resources strategy pursued to achieve the satisfactory coverage of workplaces by labour inspections. The Committee also requests the Government to provide statistical information on the number of labour inspectors working at the WRC and the HSA, the inspection visits undertaken by these bodies (including the number of routine inspection visits, targeted inspection visits at high-risk sectors and workplaces and visits in response to a complaint), and the ratio of all workplaces covered by labour inspections.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 3(1)(a), 4 and 5(a) of the Convention. System of labour inspection, its functions, supervision and control by a central authority. Effective cooperation between inspection services. The Committee notes that as of 2008, a new inspection body, the National Employment Rights Authority (NERA), coming as an office under the Department of Jobs, Enterprise and Innovation, became operational. It observes moreover that it includes headquarters in Carlow and regional labour inspection offices in Cork, Dublin, Shannon and Sligo and that it is entrusted with the enforcement of employment rights and the protection of young workers’ employment in particular. It notes in this regard the list with legislative pieces provided that is hence enforced by NERA, such as on working time, leave, wages pay and minimum wages and employment permits. It observes that, hence, the Irish labour inspection system entails two major inspection bodies, namely the Health and Safety Authority (HSA), which enforces occupational safety and health related legislation, and NERA, which enforces legislation in relation to general working conditions. The Committee recalls that attaching the labour inspectorate to a central authority facilitates the establishment and the application of a single policy throughout the territory covered, and makes it possible to use available resources in a rational way (General Survey on labour inspection, 2006, paragraph 140). Moreover the designation of a central authority ensures that the activities of the authorities placed under its control are coordinated with a view to achieving a clearly defined objective (ibid., paragraph 150), and cooperation between different departments should be encouraged by the central authority, in case labour inspection responsibilities are shared between different departments (ibid., paragraph 152). While the Committee notes that there are joint investigation activities and exchange of information between NERA, the Revenue Commissioners and the Department of Social Protection, and a Joint Inspection Unit which was set up with these services, it observes that no indications are made which hint to a collaboration with the HSA.

The Committee requests the Government to indicate under which central authority and in which manner inspection activities of the HSA and NERA are coordinated, and the forms of collaboration, if any , that take place between the inspection services of NERA and the HSA.

The Committee asks the Government to provide more information on the number of inspections carried out in collaboration with the Department of Social Protection and the Revenue Commissioner, the way of operation of the Joint Investigation Unit, its composition and impact.

Article 3(1)(b). Advisory services by labour inspectors. The Committee notes the extensive documentation which is made available on the public website of NERA, informing employers and workers about labour rights and employers’ obligations, in addition to procedures followed by NERA in case of detection of labour law infringements and inspections. Moreover, it notes that information on employment rights is also provided via telephone call centres, and upon email enquiry, and that information material is even made available in different EU languages, so that migrant workers from other EU countries could become aware of their rights. It also notes that NERA publishes a quarterly newsletter, informing on inspection activities carried out and on news in the field of labour laws. The Committee requests the Government to provide, in its next report, information on the impact of those information measures on labour law compliance.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes that NERA ensures compliance with the Employment Permits Act as part of their workplace inspections, and that labour inspectors receive continuous training in this field. Moreover, it notes that an important focus is set on cooperation with the Department of Social Protection, which administers social security laws, and with the Revenue Commissioner, as part of the tax administration. The Committee recalls that labour inspection systems should perform labour inspection functions with the main objective of enforcing the legal provision relating to conditions of work and the protection of workers, and that concerning illegal employment, neither ILO Convention No. 81 nor ILO Convention No. 129 provided for that any worker be excluded from the protection afforded by labour inspectors on account of their irregular employment status (General Survey on labour inspection, 2006, paragraphs 76–77).

The Committee, moreover, observes that NERA monitors employment agencies and issues licences for employment agencies (section 9, Employment Agencies Act 1971).

The Committee requests the Government to elaborate on the role of NERA in the control of work performed without work permits, and also indicate the measures taken to ensure the protection of workers who appeared to have performed non-declared work.

Recalling that any further duties which may be entrusted to labour inspectors may not be such as to interfere with the effective discharge of their primary duties, the Committee wishes to receive more information on the manner and extent of the control obligations performed vis-à-vis employment agencies.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes from NERA’s website that NERA is assisted by a tripartite advisory board that includes an equal number of representatives from the Government and social partners and that advises NERA on compliance and enforcement issues and that participates in NERA’s work programme and strategy management and consults on possible research and survey prospects.

The Committee asks the Government to provide information on the impact and operation of the tripartite board in practice, including on topics discussed and frequency of meetings held.

Article 16. Thorough inspection of workplaces. The Committee notes from NERA’s website that an inspection guideline is made available to employers, which contains a checklist to perform a rough self-control to be ready for inspection visits. It also observes the indication contained in the guideline that employers would, in general, get advance notice of inspections. Moreover, it notes that inspections are conducted following complaints, in sectors identified as non-compliance risk areas, and as routine inspections.

The Committee requests the Government to indicate in which cases it conducts unannounced visits, and the share of those in relation to the overall number of inspections. It also requests the Government to elaborate the elements which are taken into account when identifying a high risk for non-compliance in a specific sector.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee notes that there appear to be openings for inspectors with specific language skills, which are yet to be filled. The Committee also notes from the quarterly newsletter, which is made available on NERA’s website, that at the end of 2009, NERA had 119 staff members by comparison with 132 at the end of 2008. By the end of 2010, there was a further reduction to 108 staff members. It also notes from the review of 2010, which is available on NERA’s website, that in 2010, 7,164 inspections were conducted compared with 8,859 in 2009, which is said to be attributable to a reduction in the number of inspectors, and 5,591 inspection visits were paid in 2011.

The Committee requests the Government to provide information on the posts of labour inspectors with specific languages skills, and clarify when these positions would be filled.

The Committee asks the Government to indicate the reasons for the continuous reduction of staff within NERA.

Articles 17 and 18. Prosecutions and deterrence of sanctions. The Committee notes from the information provided on NERA’s website, that cases of breaches of the Protection of Young Persons (Employment) Act 1996 are referred to the Chief State Solicitors office with a view to initiating a prosecution in courts. Moreover, it notes that NERA seeks compliance with legislation, which also includes redress and payment of any arrears due, for instance in case of underpayment of statutory minimum rates of pay. The Committee notes that the primary focus is to seek compliance and rectification of any contraventions rather than initiating legal proceedings, and that in the majority of cases employers were extremely cooperative in relation to rectifying contraventions of employment laws. It notes further from the quarterly newsletter 1 of 2012, and from the review for the year 2011, that in 2011, only 1 per cent of the 5,591 inspections undertaken ended in legal proceedings, while the compliance rate remained below 60 per cent in all sectors. It also notes that even the number of inspections was significantly lower in 2011 compared to 2010, the amount of unpaid wages recovered was significantly higher (€1,905,262 in 2011 compared to €1,249,755 in 2010).

The Committee requests the Government to indicate the reason for the low level of prosecution, and provide information on the strategies taken to avoid recidivism and improve compliance with labour legislation.

The Committee notes from the NERA newsletter, that a reform of employment rights bodies is being undertaken, creating a two tier system by merging the activities of NERA, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and Labour Court into a new Body of First Instance named Workplace Relations Commission. It is also indicated that NERA is at the forefront of these reforms, providing resources to ensure the operation of the Workplace Relations Customer Service as well as providing staff to the Early Resolution Service and Workplace Relations Project Office. It observes that the new structures will be established from the end of 2012 onwards, under the proposed Workplace Relations Bill.

The Committee asks the Government to provide information on any development and on the implication of NERA in the reform and to submit a copy of the relevant legislation, once adopted. It also asks the Government to clarify the role of NERA within the described reform, including its possible role within the pilot Early Resolution Service.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that a consolidated labour inspection report, which integrates inspection data from both inspection branches, the HSA and NERA, was not received. With reference to its general observation of 2010 the Committee recalls that when well prepared, the annual reports offer an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection service and, subsequently, the determination of the means necessary to improve their effectiveness.

The Committee requests the Government to take all necessary measures for the elaboration and publication by the central labour inspection authority of a consolidated annual report that contains all the information required under Article 21 of the Convention and to provide information on progress made in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 3(1)(a), 4 and 5(a) of the Convention. System of labour inspection, its functions, supervision and control by a central authority. Effective cooperation between inspection services. The Committee notes from the Government’s report, that as of 2008, a new inspection body, the National Employment Rights Authority (NERA), coming as an office under the Department of Jobs, Enterprise and Innovation, became operational. It observes moreover that it includes headquarters in Carlow and regional labour inspection offices in Cork, Dublin, Shannon and Sligo and that it is entrusted with the enforcement of employment rights and the protection of young workers’ employment in particular. It notes in this regard the list with legislative pieces provided that is hence enforced by NERA, such as on working time, leave, wages pay and minimum wages and employment permits. It observes that, hence, the Irish labour inspection system entails two major inspection bodies, namely the Health and Safety Authority (HSA), which enforces occupational safety and health related legislation, and NERA, which enforces legislation in relation to general working conditions. The Committee recalls that attaching the labour inspectorate to a central authority facilitates the establishment and the application of a single policy throughout the territory covered, and makes it possible to use available resources in a rational way (General Survey on labour inspection, 2006, paragraph 140). Moreover the designation of a central authority ensures that the activities of the authorities placed under its control are coordinated with a view to achieving a clearly defined objective (ibid., paragraph 150), and cooperation between different departments should be encouraged by the central authority, in case labour inspection responsibilities are shared between different departments (ibid., paragraph 152). While the Committee notes from the Government’s report and NERA’s website that there are joint investigation activities and exchange of information between NERA, the Revenue Commissioners and the Department of Social Protection, and a Joint Inspection Unit which was set up with these services, it observes that no indications are made which hint to a collaboration with the HSA.

The Committee would be grateful if the Government could indicate under which central authority and in which manner inspection activities of the HSA and NERA are coordinated, and the forms of collaboration, if any , that take place between the inspection services of NERA and the HSA.

The Committee asks the Government to provide more information on the number of inspections carried out in collaboration with the Department of Social Protection and the Revenue Commissioner, the way of operation of the Joint Investigation Unit, its composition and impact.

Article 3(1)(b). Advisory services by labour inspectors. The Committee notes with interest the extensive documentation which is made available on the public website of NERA, informing employers and workers about labour rights and employers’ obligations, in addition to procedures followed by NERA in case of detection of labour law infringements and inspections. Moreover, it notes from the Government’s report that information on employment rights is also provided via telephone call centres, and upon email enquiry, and that information material is even made available in different EU languages, so that migrant workers from other EU countries could become aware of their rights. It also notes that NERA publishes a quarterly newsletter, informing on inspection activities carried out and on news in the field of labour laws. The Committee would be grateful if the Government could provide, in its next report, information on the impact of those information measures on labour law compliance.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes from the Government’s report and the website of the Department of Jobs, Enterprises and Innovation that NERA ensures compliance with the Employment Permits Act as part of their workplace inspections, and that labour inspectors receive continuous training in this field. Moreover, it notes from the Government’s report and NERA’s website that an important focus is set on cooperation with the Department of Social Protection, which administers social security laws, and with the Revenue Commissioner, as part of the tax administration. The Committee recalls that labour inspection systems should perform labour inspection functions with the main objective of enforcing the legal provision relating to conditions of work and the protection of workers, and that concerning illegal employment, neither ILO Convention No. 81 nor ILO Convention No. 129 provided for that any worker be excluded from the protection afforded by labour inspectors on account of their irregular employment status (General Survey on labour inspection, 2006, paragraphs 76–77).

The Committee, moreover, observes that NERA monitors employment agencies and issues licences for employment agencies (section 9, Employment Agencies Act 1971).

The Committee would be grateful if the Government could elaborate on the role of NERA in the control of work performed without work permits, and also indicate the measures taken to ensure the protection of workers who appeared to have performed non-declared work.

Recalling that any further duties which may be entrusted to labour inspectors may not be such as to interfere with the effective discharge of their primary duties, the Committee wishes to receive more information on the manner and extent of the control obligations performed vis-à-vis employment agencies.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes with interest from NERA’s website that NERA is assisted by a tripartite advisory board that includes an equal number of representatives from the Government and social partners and that advises NERA on compliance and enforcement issues and that participates in NERA’s work programme and strategy management and consults on possible research and survey prospects.

The Committee asks the Government to provide information on the impact and operation of the tripartite board in practice, including on topics discussed and frequency of meetings held.

Article 16. Thorough inspection of workplaces. The Committee notes from NERA’s website that an inspection guideline is made available to employers, which contains a checklist to perform a rough self-control to be ready for inspection visits. It also observes the indication contained in the guideline that employers would, in general, get advance notice of inspections. Moreover, it notes from the Government’s report, that inspections are conducted following complaints, in sectors identified as non-compliance risk areas, and as routine inspections.

The Committee would be grateful if the Government could indicate in which cases it conducts unannounced visits, and the share of those in relation to the overall number of inspections. It also requests the Government to elaborate the elements which are taken into account when identifying a high risk for non-compliance in a specific sector.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee notes from the table in the Government’s report, which displays the overall number of labour inspectors in NERA broken down by regional office, that there appear to be openings for inspectors with specific language skills, which are yet to be filled. The Committee also notes from the quarterly newsletter, which is made available on NERA’s website, that at the end of 2009, NERA had 119 staff members by comparison with 132 at the end of 2008. By the end of 2010, there was a further reduction to 108 staff members, and an even further decrease in staff is indicated in the Government’s report. It also notes from the review of 2010, which is available on NERA’s website, that in 2010, 7,164 inspections were conducted compared with 8,859 in 2009, which is said to be attributable to a reduction in the number of inspectors, and 5,591 inspection visits were paid in 2011.

The Committee would be grateful if the Government could provide information on the posts of labour inspectors with specific languages skills, and clarify when these positions would be filled.

The Committee asks the Government to indicate the reasons for the continuous reduction of staff within NERA.

Articles 17 and 18. Prosecutions and deterrence of sanctions. The Committee notes from the information provided on NERA’s website, that cases of breaches of the Protection of Young Persons (Employment) Act 1996 are referred to the Chief State Solicitors office with a view to initiating a prosecution in courts. Moreover, it notes that NERA seeks compliance with legislation, which also includes redress and payment of any arrears due, for instance in case of underpayment of statutory minimum rates of pay. The Committee notes from the report in this regard, that the primary focus is to seek compliance and rectification of any contraventions rather than initiating legal proceedings, and that in the majority of cases employers were extremely cooperative in relation to rectifying contraventions of employment laws. It notes further from the quarterly newsletter 1 of 2012, and from the review for the year 2011, that in 2011, only 1 per cent of the 5,591 inspections undertaken ended in legal proceedings, while the compliance rate remained below 60 per cent in all sectors. It also notes that even the number of inspections was significantly lower in 2011 compared to 2010, the amount of unpaid wages recovered was significantly higher (€1,905,262 in 2011 compared to €1,249,755 in 2010).

The Committee would be grateful if the Government could indicate the reason for the low level of prosecution, and provide information on the strategies taken to avoid recidivism and improve compliance with labour legislation.

The Committee notes from the NERA newsletter, that a reform of employment rights bodies is being undertaken, creating a two tier system by merging the activities of NERA, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and Labour Court into a new Body of First Instance named Workplace Relations Commission. It is also indicated that NERA is at the forefront of these reforms, providing resources to ensure the operation of the Workplace Relations Customer Service as well as providing staff to the Early Resolution Service and Workplace Relations Project Office. It observes that the new structures will be established from the end of 2012 onwards, under the proposed Workplace Relations Bill.

The Committee asks the Government to keep the Office informed of any development and the implication of NERA in the reform and to submit a copy of the relevant legislation, once adopted. It also asks the Government to clarify the role of NERA within the described reform, including its possible role within the pilot Early Resolution Service.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that a consolidated labour inspection report, which integrates inspection data from both inspection branches, the HSA and NERA, was not received. With reference to its general observation of 2010 the Committee recalls that when well prepared, the annual reports offer an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection service and, subsequently, the determination of the means necessary to improve their effectiveness.

The Committee requests the Government to take all necessary measures for the elaboration and publication by the central labour inspection authority of a consolidated annual report that contains all the information required under Article 21 of the Convention and to keep the Office informed of progress made in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1, 3(1)(a), 4 and 5(a) of the Convention. System of labour inspection, its functions, supervision and control by a central authority. Effective cooperation between inspection services. The Committee notes from the Government’s report, that as of 2008, a new inspection body, the National Employment Rights Authority (NERA), coming as an office under the Department of Jobs, Enterprise and Innovation, became operational. It observes moreover that it includes headquarters in Carlow and regional labour inspection offices in Cork, Dublin, Shannon and Sligo and that it is entrusted with the enforcement of employment rights and the protection of young workers’ employment in particular. It notes in this regard the list with legislative pieces provided that is hence enforced by NERA, such as on working time, leave, wages pay and minimum wages and employment permits. It observes that, hence, the Irish labour inspection system entails two major inspection bodies, namely the Health and Safety Authority (HSA), which enforces occupational safety and health related legislation, and NERA, which enforces legislation in relation to general working conditions. The Committee recalls that attaching the labour inspectorate to a central authority facilitates the establishment and the application of a single policy throughout the territory covered, and makes it possible to use available resources in a rational way (General Survey on labour inspection, 2006, paragraph 140). Moreover the designation of a central authority ensures that the activities of the authorities placed under its control are coordinated with a view to achieving a clearly defined objective (ibid., paragraph 150), and cooperation between different departments should be encouraged by the central authority, in case labour inspection responsibilities are shared between different departments (ibid., paragraph 152). While the Committee notes from the Government’s report and NERA’s website that there are joint investigation activities and exchange of information between NERA, the Revenue Commissioners and the Department of Social Protection, and a Joint Inspection Unit which was set up with these services, it observes that no indications are made which hint to a collaboration with the HSA.

The Committee would be grateful if the Government could indicate under which central authority and in which manner inspection activities of the HSA and NERA are coordinated, and the forms of collaboration, if any , that take place between the inspection services of NERA and the HSA.

The Committee asks the Government to provide more information on the number of inspections carried out in collaboration with the Department of Social Protection and the Revenue Commissioner, the way of operation of the Joint Investigation Unit, its composition and impact.

Article 3(1)(b). Advisory services by labour inspectors. The Committee notes with interest the extensive documentation which is made available on the public website of NERA, informing employers and workers about labour rights and employers’ obligations, in addition to procedures followed by NERA in case of detection of labour law infringements and inspections. Moreover, it notes from the Government’s report that information on employment rights is also provided via telephone call centres, and upon email enquiry, and that information material is even made available in different EU languages, so that migrant workers from other EU countries could become aware of their rights. It also notes that NERA publishes a quarterly newsletter, informing on inspection activities carried out and on news in the field of labour laws. The Committee would be grateful if the Government could provide, in its next report, information on the impact of those information measures on labour law compliance.

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes from the Government’s report and the website of the Department of Jobs, Enterprises and Innovation that NERA ensures compliance with the Employment Permits Act as part of their workplace inspections, and that labour inspectors receive continuous training in this field. Moreover, it notes from the Government’s report and NERA’s website that an important focus is set on cooperation with the Department of Social Protection, which administers social security laws, and with the Revenue Commissioner, as part of the tax administration. The Committee recalls that labour inspection systems should perform labour inspection functions with the main objective of enforcing the legal provision relating to conditions of work and the protection of workers, and that concerning illegal employment, neither ILO Convention No. 81 nor ILO Convention No. 129 provided for that any worker be excluded from the protection afforded by labour inspectors on account of their irregular employment status (General Survey on labour inspection, 2006, paragraphs 76–77).

The Committee, moreover, observes that NERA monitors employment agencies and issues licences for employment agencies (section 9, Employment Agencies Act 1971).

The Committee would be grateful if the Government could elaborate on the role of NERA in the control of work performed without work permits, and also indicate the measures taken to ensure the protection of workers who appeared to have performed non-declared work.

Recalling that any further duties which may be entrusted to labour inspectors may not be such as to interfere with the effective discharge of their primary duties, the Committee wishes to receive more information on the manner and extent of the control obligations performed vis-à-vis employment agencies.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes with interest from NERA’s website that NERA is assisted by a tripartite advisory board that includes an equal number of representatives from the Government and social partners and that advises NERA on compliance and enforcement issues and that participates in NERA’s work programme and strategy management and consults on possible research and survey prospects.

The Committee asks the Government to provide information on the impact and operation of the tripartite board in practice, including on topics discussed and frequency of meetings held.

Article 16. Thorough inspection of workplaces. The Committee notes from NERA’s website that an inspection guideline is made available to employers, which contains a checklist to perform a rough self-control to be ready for inspection visits. It also observes the indication contained in the guideline that employers would, in general, get advance notice of inspections. Moreover, it notes from the Government’s report, that inspections are conducted following complaints, in sectors identified as non-compliance risk areas, and as routine inspections.

The Committee would be grateful if the Government could indicate in which cases it conducts unannounced visits, and the share of those in relation to the overall number of inspections. It also requests the Government to elaborate the elements which are taken into account when identifying a high risk for non compliance in a specific sector.

Articles 10 and 16. Sufficient number of labour inspectors. The Committee notes from the table in the Government’s report, which displays the overall number of labour inspectors in NERA broken down by regional office, that there appear to be openings for inspectors with specific language skills, which are yet to be filled. The Committee also notes from the quarterly newsletter, which is made available on NERA’s website, that at the end of 2009, NERA had 119 staff members by comparison with 132 at the end of 2008. By the end of 2010, there was a further reduction to 108 staff members, and an even further decrease in staff is indicated in the Government’s report. It also notes from the review of 2010, which is available on NERA’s website, that in 2010, 7,164 inspections were conducted compared with 8,859 in 2009, which is said to be attributable to a reduction in the number of inspectors, and 5,591 inspection visits were paid in 2011.

The Committee would be grateful if the Government could provide information on the posts of labour inspectors with specific languages skills, and clarify when these positions would be filled.

The Committee asks the Government to indicate the reasons for the continuous reduction of staff within NERA.

Articles 17 and 18. Prosecutions and deterrence of sanctions. The Committee notes from the information provided on NERA’s website, that cases of breaches of the Protection of Young Persons (Employment) Act 1996 are referred to the Chief State Solicitors office with a view to initiating a prosecution in courts. Moreover, it notes that NERA seeks compliance with legislation, which also includes redress and payment of any arrears due, for instance in case of underpayment of statutory minimum rates of pay. The Committee notes from the report in this regard, that the primary focus is to seek compliance and rectification of any contraventions rather than initiating legal proceedings, and that in the majority of cases employers were extremely cooperative in relation to rectifying contraventions of employment laws. It notes further from the quarterly newsletter 1 of 2012, and from the review for the year 2011, that in 2011, only 1 per cent of the 5,591 inspections undertaken ended in legal proceedings, while the compliance rate remained below 60 per cent in all sectors. It also notes that even the number of inspections was significantly lower in 2011 compared to 2010, the amount of unpaid wages recovered was significantly higher (€1,905,262 in 2011 compared to €1,249,755 in 2010).

The Committee would be grateful if the Government could indicate the reason for the low level of prosecution, and provide information on the strategies taken to avoid recidivism and improve compliance with labour legislation.

The Committee notes from the NERA newsletter, that a reform of employment rights bodies is being undertaken, creating a two tier system by merging the activities of NERA, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and Labour Court into a new Body of First Instance named Workplace Relations Commission. It is also indicated that NERA is at the forefront of these reforms, providing resources to ensure the operation of the Workplace Relations Customer Service as well as providing staff to the Early Resolution Service and Workplace Relations Project Office. It observes that the new structures will be established from the end of 2012 onwards, under the proposed Workplace Relations Bill.

The Committee asks the Government to keep the Office informed of any development and the implication of NERA in the reform and to submit a copy of the relevant legislation, once adopted. It also asks the Government to clarify the role of NERA within the described reform, including its possible role within the pilot Early Resolution Service.

Articles 20 and 21. Annual labour inspection reports. The Committee notes that a consolidated labour inspection report, which integrates inspection data from both inspection branches, the HSA and NERA, was not received. With reference to its general observation of 2010 the Committee recalls that when well prepared, the annual reports offer an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection service and, subsequently, the determination of the means necessary to improve their effectiveness.

The Committee requests the Government to take all necessary measures for the elaboration and publication by the central labour inspection authority of a consolidated annual report that contains all the information required under Article 21 of the Convention and to keep the Office informed of progress made in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s detailed report and also the information in reply to its previous comments. Also referring to its comment of 2006 under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes the content of the new Act on occupational safety, health and welfare adopted in 2005 and its implementing legislation, as disseminated on the Health and Safety Authority web site (www.hsa.ie), which also contains substantial, regularly updated documentation on the activities of this tripartite body, its results, and also numerous publications of a practical, economic and pedagogical nature. The Committee particularly welcomes the number and quality of handbooks and codes of good practice – also available on the web site – applicable to activities which expose workers to high risks of accidents and specific pathologies (laying and maintenance of roofs, carriage and handling of heavy loads, working with asbestos, handling of chemicals, working at height, etc.), together with practical tools which are necessary for their effective implementation in the workplace.

1. Article 3, paragraph 1(a) and (b), of the Convention. Strengthening the complementary nature of prevention and enforcement in labour inspection. The Committee notes with interest that the provisions of the Act of 2005, dealing with the duties and powers of inspectors and also the relevant obligations of employers and workers with regard to occupational safety and health, reflect the wish of the legislative bodies to balance prevention and enforcement in labour inspection. Incorporating sanctions applicable to offenders into the relevant legislation also bears witness to the importance attached to inspection and the genuine desire to effectively combat violations which jeopardize the health and safety of workers.

2. Articles 5(a), 17 and 18. Effective cooperation between the inspectorate and other governmental bodies and institutions with a view to publicizing and stopping violations. The Committee notes that the Authority is empowered by the new Act to publish a list of enterprises and persons convicted of violations and also the grounds for the convictions. It also notes the dissemination on the Internet of legal decisions issued each year since 2001 with respect to offenders under health and safety legislation. These measures constitute an extremely useful example of cooperation between the inspectorate and the judicial authorities. As the Committee emphasized in its 2006 General Survey on labour inspection, the effectiveness of the sanctions available to the labour inspectorate depends to a large extent on the way in which the judicial authorities deal with the case files referred to them by or on the recommendation of the labour inspectors (paragraph 158). Moreover, at the same time as enhancing the credibility of the labour inspectorate, publicity thus given to infringements and negligence which jeopardizes the health and safety of workers can indeed be an effective deterrent, firstly, giving rise to fiscal or economic measures vis‑à‑vis the offenders (difficulties with access to credit or to the award of grants and other social advantages) and, secondly, encouraging employers and workers in general to comply with the legislation more scrupulously (see paragraph 283 of the abovementioned General Survey) .

3. Economic impact of the legislation on safety and health at work. The Committee notes with interest the INDECON report on the economic impact of the legislation on occupational safety, health and welfare since 1989, published in 2006. This report, which is based on research using different approaches in a number of industrialized countries, testifies to the growing interest in this issue shown by economic, political and social players and decision-makers. The report observes that the optimization of socio-economic benefits as a result of relevant legislation also depends, in all cases, on the efforts made at all institutional levels and at the general level of enterprises and society to establish a genuine culture of health and safety at work. These efforts are reflected not only in relevant legislation and regulations, the provision of technical advice and information to the social partners, both in preventive and remedial forms, but also in an effective supervisory system of a coercive and deterrent nature.

4. International dissemination and exchange of good practice in labour inspection. The Committee also congratulates the Government on the prestigious international award recently received by the Authority for its revolutionary Safe System of Work Plan (SSWP), as an expression of its capacity to make known, promote, implement and apply in other countries all good innovative practices in the field of safety and health in the construction industry (information on the abovementioned web site).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report. It also notes the annual report for 2003 of the Health and Safety Authority. It would be grateful if the Government would supply additional information on the following points.

Articles 20 and 21 of the Convention. The Committee notes with interest the detailed and well-structured report on occupational safety and health, including statistics on budgetary allocations, occupational accidents and diseases, inspections carried out by industrial branch and by type of workplace, and information on the new legislation to be enforced and on labour inspection policies and strategies in the area of occupational safety and health. In this regard, the Committee welcomes the continued decrease in occupational accidents and diseases over recent years. Recalling that, in accordance with Article 21 of the Convention, information should also be provided on laws and regulations relevant to the work of the inspection service and on the number of workplaces liable to labour inspection, the Committee would be grateful if the Government could ensure that such data are included in the next annual report so that it has complete information to assess the extent to which the Convention is applied.

Article 10. Noting the information provided in the report of the Health and Safety Authority and in the Government’s report on the various categories of labour inspection officers, the Committee reiterates its request for information on the total number of the staff of the labour inspection services, their geographical distribution, their distribution by speciality as well as the material resources at their disposal for the discharge of their duties. It would be grateful if the Government would provide information on the structures which carry out inspections.

Articles 3(1)(b) and 4. The Committee notes the indication contained in the report of the Health and Safety Authority that a substantial reorganization of the Health and Safety Authority was carried out in 2003 and that new enforcement procedures were introduced. It asks the Government to provide up-to-date information in its next report in this regard, and particularly relevant practical and legal information. Moreover, the Committee notes with interest the Government’s efforts to provide advice relating to employment rights by setting up a telephone information service, issuing guidelines and carrying out campaigns. It observes the Government’s focus on preventive action, such as campaigns in the agricultural and construction sectors, as well as targeted strategies, such as the promotion of smoke-free workplaces.

Article 9. The Committee observes that, according to the information provided in the report of the Health and Safety Authority, a new initiative in the area of chemical safety (REACH) was launched in 2003. In this context, the Committee requests the Government to supply information on the cooperation and involvement of experts and technicians in the area of occupational safety and health and the legal status of these persons.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the partial information supplied by the Government in reply to its previous comments. It notes with interest the inspection campaign undertaken in the hotel and catering sector focusing on the enforcement of the provisions of the Protection of Young Persons Act, 1996, and the appointment of seven additional inspectors to monitor the implementation of the National Minimum Wage Act of 1 April 2000. The Committee also notes that immigrant labour is one of the current priorities of the inspection services, who undertook the recovery of monies on behalf of those workers. The Government is asked to continue to provide information on the activities of the inspection services, as well as communicating information on the numbers of labour inspectors, their geographical distribution and distribution by speciality as well as the material means at their disposal for accomplishing their tasks.

While noting that the annual inspection report on occupational safety and health is in the process of being transmitted, the Committee again reminds the Government that the central authority should publish and communicate to the ILO, within the deadlines prescribed by Article 20 of the Convention, an annual general report on the work of the inspection services containing the information required on each of the subjects defined by Article 21, subparagraphs (a) to (g). The Committee again expresses the hope that the Government will not fail to take the measures to ensure prompt implementation of the abovementioned provisions by the central authority.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the ratification of the Protocol of 1995 and the Declaration cancelling the earlier Declaration which excluded Part II of the Convention from ratification.

The Committee also notes with interest the information contained in the annual reports prepared by the Health and Safety Authority for 1993, 1996 and 1997 in relation to Articles 5, 7, 9, 10, 11, 13, 14, 16, 18, 19, 20 and 21 of the Convention.

The Committee notes that successive Government reports over the past few years show that there has been no change in the application of the Convention. However, it notes that no annual general report on the work of the labour inspection services has been provided since the report for the period 1987-1988. The annual reports prepared by the Health and Safety Authority contain particularly useful information both at the national level and in giving an idea of the manner in which the Convention is applied in these fields, and the Committee hopes that the Government will continue to supply copies of it regularly to the ILO. However, they cannot replace the reports envisaged by Articles 20 and 21 of the Convention. Such reports should contain information on the activities of the labour inspection services in all the fields under its control, such as general conditions of work, hours of work, the employment of children and young persons and other related matters. The Committee would be grateful if the Government would provide detailed information in its next report on the manner in which effect is given to Articles 4, 5, 10, 11, 12, 16, 18, 19, 20 and 21 covering the resources, activities and results of the labour inspection services in fields other than occupational safety and health, and if it would take the necessary measures to ensure that annual reports on labour inspection, the form and contents of which are set out in Articles 20 and 21, are published regularly and that copies are transmitted to the ILO within the required time limits.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous observation, the Committee noted the new arrangements for a National Authority under the Safety, Health and Welfare at Work Act, 1989; and it asked for information as to how the Convention is given practical effect through the Act. The Committee now notes from the brief report that a detailed annual inspection report will be submitted as soon as possible.

Articles 10(a) and 16 of the Convention. Please indicate how, in practice, the strength of the inspection services has been affected by the implementation of the 1989 Act and the resulting reorganisation of inspection activities, particularly in light of the enlarged scope of the Act.

Article 14. Please indicate the provision obliging the notification of industrial accidents and cases of occupational disease to the labour inspectorate.

Articles 20 and 21. The Committee notes that no annual report of the inspection service has been sent to the ILO. It hopes that the reports due will now be transmitted and that they will take into consideration the requirements of the Convention.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Articles 14 and 21(f) and (g) of the Convention. Further to its earlier comments, the Committee notes with interest that, under the Safety, Health and Welfare at Work Act, 1989, a new National Authority for Occupational Safety and Health was established and that it expected to develop proposals for the notification of occupational accidents and diseases in relation to all work covered by the Act. The Committee hopes the next report will indicate how full effect is given to these provisions of the Convention.

Article 20 of the Convention. The Committee notes with interest that section 26 of the 1989 Act provides for the Authority to make a report on its activities to the Minister for laying before the legislature within six months of the end of each year. It trusts this will enable the Government to comply with the requirements of this Article as to publication and transmittal to the Office of the report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Referring to its earlier comments the Committee notes with interest from the Government's report that the Safety, Health and Welfare at Work Bill, 1988, was introduced into Parliament. It expresses the hope that this Bill which, according to previous information given by the Government will ensure, inter alia, the application of Article 14 (in conjunction with Article 21(f) and (g)) of the Convention, will be adopted very shortly. Article 20 of the Convention. The Committee recalls that the annual reports on the work of the inspection services should be published and transmitted to the Office within the time-limits set forth by Article 20. It hopes that in the future the requirements of this Article will be observed.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.