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Dáil Éireann díospóireacht -
Tuesday, 18 Feb 2003

Vol. 561 No. 4

Written Answers. - Employment Rights.

Breeda Moynihan-Cronin

Ceist:

137 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself that procedures are in place to ensure that the provisions of the Employment of Young Persons Act on the employment of young people late at night are complied with; the number of inspectors available to carry out such checks; her plans to increase the number of inspectors and inspections; and if she will make a statement on the matter. [4440/03]

The labour inspectorate of my Department has responsibility for enforcing certain aspects of employment rights legislation, including the Protection of Young Persons (Employment) Act 1996. All inspectors carry out night work as part of their normal conditions of service and that element of their duties is almost exclusively related to their role in enforcement of the Protection of Young Persons (Employment) Act 1996. Targeted inspections are often by way of out of normal office hours inspection activity, throughout various employment sectors, including fast food outlets, restaurants, licensed premises and hotels. Breaches of the Act come to the attention of my Department by way of complaint by an individual employee or other concerned person or by the targeted inspections carried out by my Department's inspectors.

Where it appears that an employer has failed to comply with the provisions of the Protection of Young Persons (Employment) Act 1996, the matter is referred to my Department's legal advisers for consideration as to the initiation of legal proceedings. During the years 2001 to date some 2,613 inspections under the Protection of Young Persons (Employment) Act 1996 were undertaken. Of these, 1,705 inspections were undertaken during regular day time inspection activity while 908 inspections were undertaken as part of night time inspection activity. In addition, the employment rights information unit of my Department concluded a pro-active awareness campaign during 2002 whereby all secondary schools were circulated with information on all aspects of employment law, including details of the Protection of Young Persons (Employment) Act 1996. Work has already commenced on a similar campaign this year. Staff of that unit also visit secondary schools, citizen information centres and other organisations to disseminate information on general labour law, including the Protection of Young Persons (Employment) Act 1996.

Accordingly, I am satisfied there are sufficient procedures in place and an appropriate level of inspection activity to ensure that the provisions of Protection of Young Persons (Employment) Act 1996 are being complied with. If there is evidence that employers are breaking the law, I ask that the relevant details be brought to the attention of the labour inspectorate for investigation and further action.

The Government authorised an increase in the number of labour inspectors to seventeen inspectors, which equated to an almost 100% increase in personnel, in conjunction with the introduction of a national minimum wage in 2000. While the number of serving inspectors has fluctuated in the interim, the inspectorate is now operating to almost full strength. There are no plans at this stage to increase the number of inspectors further.

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