'Allegations ... found to be without substance'

Letters which have been seen by The Irish Times show that a rival construction company was expressing concern about Gama's employment…

Letters which have been seen by The Irish Times show that a rival construction company was expressing concern about Gama's employment practices three years ago. But the Department of Enterprise, Trade and Employment and the then Minister, Mary Harney, expressed their satisfaction with the company.

Extracts from letter from a construction company to the secretary general of the Department of Enterprise, Trade and Employment, January 2002:

"We find that in paying wages and conditions as mandated by current industry agreements in Ireland we are unable to compete for work on our own doorstep.

Specifically at the Huntstown [Power Station] project, near Dublin airport, our prices for work packages were undercut by contractors from Turkey and Hungary by upwards of 40 per cent ...

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We are aware from contacts between our employees and some Turkish workers (employed by Gama) at the Huntstown site that these Turkish workers are paid the equivalent of $5.00 per hour. We have no doubt that, if challenged, this figure will be elaborately camouflaged by Gama ... It is clear that [we are] not in a position to investigate this abuse. This is a matter for your Department...”

Extract from letter by department secretary general Paul Haran to the rival construction company in May 2002:

“I can advise you that this department has now concluded its discussions with Gama in regard to compliance with the Registered Employment Agreement for the construction industry and its various aspects of Irish employment law.

I can further advise that Gama, together with its auditors and legal representatives, have been fully co-operative in meeting our requests for documents and data and that, following our consideration of the information supplied, there are now no further issues which we wish to pursue with the company in this context. In short, we are satisfied with the outcome of these discussions.”

Extract from letter from then minister for enterprise Mary Harney to then minister for transport Sιamus Brennan, May 2003:

“Dear Seamus, I refer further to your recent representations on behalf of [name and address of constituent of Mr Brennan] regarding Gama Construction Limited.

Gama Construction, a Turkish company, has been successful in winning a number of major contracts in this country, some of major infrastructural importance.

The procedure which operated earlier was that, when a contract had been won through open tender, a non-EEA based company could obtain permission to bring in agreed numbers of personnel for delivery of that contract by way of intra-company transfer.

However, under changed arrangements, they are now facilitated with work permits but the company must also establish a relationship with Fαs.

All employees (EEA/Non EEA) have the same employment rights and earlier allegations against Gama (made by competitors) regarding exploitative treatment of Turkish employees have been found to be without substance, as have allegations regarding pay levels in breach of legal norms...

Yours sincerely, Mary Harney TD

Tanaiste and Minister for Enterprise, Trade and Employment”