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Dáil Éireann debate -
Wednesday, 15 Jul 1936

Vol. 63 No. 11

Committee on Finance. - Night Work (Bakeries) Bill, 1936—Second Stage.

I move that the Bill be now read a Second Time. In 1925 a draft convention concerning night work in bakeries was adopted by the Seventh Session of the International Labour Conference. The object of the present Bill is to implement the terms of the convention, and the different articles of the convention are set out under the various sections of the Bill. For example, in Section 2 it is provided that the Act will apply to every bakery carried on for the manufacture of bread, pastry, or other flour confectionery other than a bakery in which the work is done by members of a household for supplying the needs of persons belonging to that household. In the following section, Section 3, it is provided that it will be unlawful to carry on or permit any adult worker or any young person to manufacture in a bakery during the period of night. The manufacture of biscuits is excluded.

With regard to the period of night, the terms of Article 2 of the convention are dealt with under Section 4, which provides that the Minister for Industry and Commerce, after consultation with persons who, in his opinion, are representatives of employers interested in bakeries and of workers, may by Order make regulations prescribing a period of not less than seven hours as the period of night and may fix different periods in respect of different parts of the year. The section further provides that this period of night must include the interval from 11 p.m. to 5 a.m., but permits the Minister to make regulations substituting either generally or for a particular part of the year the period between 10 p.m. and 4 a.m. if the Minister is of opinion that the climate or any particular season requires such substitution, or is satisfied that organisations of employers and of workers interested in bakeries are agreed that such substitution should be made.

Section 5 lays down certain definitions of exceptional work. The Minister may make regulations prescribing certain exceptional work, such as a preparatory or complementary process, ancillary to the carrying on of the night work of the bakery, or processes necessary for the purpose of arranging the weekly rest, or night work may be permitted under regulations owing to an unusual pressure of work or owing to a national emergency. These will all be laid down in the regulations made by the Minister. Section 6 deals with the definition of biscuits, but as biscuits are excluded by the convention from its terms, this section provides that no goods shall be deemed to be biscuits for the purpose of this Act other than goods described as biscuits under the section, and the Minister making regulations describing what class of goods are biscuits, will consult with representatives of employers and employees. Section 7 provides that regulations made by the Minister under the Act must be laid before the Dáil in the usual way. Section 8 provides that "emergency" may be cited as a defence to any proceedings taken against any person for a breach of the Act. It provides that emergency work many be necessary to avoid serious interference with the ordinary work of a bakery, and that the necessity for such work may arise from any one or more of the following causes, namely: (a) accidents; (b) avoiding an accident; (c) urgent repairs to plant or machinery; (d) an act of God. Section 9 provides for the enforcement of the provisions of the Act through the Gárda Síochána.

I think those are the chief principles of the Bill, A Chinn Comhairle. In general, it simply provides for the implementing of this draft convention of 1925. Owing to various difficulties and certain circumstances, it was not possible to provide for the implementing of the convention up to now, but the ratification of the convention will follow the passage into law of this Bill, provided, of course, that there is no great change made in the measure.

There is just one point in connection with this measure on which I should like to have a word from the Minister. As the Bill stands at present, the Act would come into operation over the whole country on some particular date to be appointed by the Minister, and, in so far as becoming effective is concerned, it would become effective under some regulation which the Minister would make dealing with the period of the night. It seems to me that it may be very desirable that the period of the night, when defined, should apply somewhat differently in different areas. There may be local circumstances in Limerick or in Cork which would dictate that the period defined as night might be a period different from that which would be defined as night in Dublin, or the conditions in some rural area might be such as would render it desirable that a different period should be defined. It seems to me, therefore, that if this Bill is going to work with the greatest possible satisfaction to all persons interested in it, the Minister should have power to make his definition of the night apply regionally. I think it is a rather important point, and I should like to hear whether it has been given any consideration by the Minister. If so, what has made him come to the conclusion that the period of night should be the same all over the country?

I do not think there can be any shortening of the period of night.

I am not asking for that. There might be reasons in Dublin why the period of night should be the seven hours, say from 12 o'clock at night to seven o'clock in the morning, while in Limerick the circumstances may be such that everybody interested locally would wish to have the period of night defined from 11 o'clock at night to six o'clock in the morning. On the other hand, in some small towns a different arrangement may be required.

I do not think that under the terms of the Bill the Minister would be precluded under Section 4 from setting out different periods for different areas, provided that the period of at least seven hours shall be kept. If it is not provided that the Minister would have discretion to do that in consultation with the representatives of the industry, I think we can go into it on the Committee Stage.

If the Minister thinks that he has such wide powers as that under the section as it stands, I should like to ask him whether he thinks it desirable that in, say, a city like Limerick, the different bakeries should work a different set of seven hours at night; that is, does he think it is possible under the Bill that one bakery in the City of Limerick should work from 12 o'clock at night until seven o'clock in the morning, and another from 11 o'clock at night until six o'clock in the morning?

I think it should be possible to bring about agreement between all the bakeries in Limerick on this question.

This Bill will be generally welcomed, particularly in areas where night baking obtains to some extent. I understand that night baking is not a universal practice throughout the Saorstát, but I know of one centre at least where it obtains. In Kilkenny, for instance, it has been the cause of much dissatisfaction and controversy, and was one of the reasons advanced recently in justification for the cessation of the work in the bakeries. As regards the hours mentioned in the Bill during which baking will be prohibited, I think that certainly nobody can object to them. As to the conditions regarding the hours during which baking will be permitted, so long as they are uniformly applied, no baker will be at a disadvantage. There is no reason that I can see, or that the ordinary citizen can see—I have discussed it with many people in town and country—why there should be this night baking in one centre while it is not recognised in another centre. It is rather hard to have men working all night unnecessarily. I think this measure, implementing the Geneva Draft Convention, will serve a very useful purpose. It will be generally welcomed, and should place no section of the community—particularly the bakers—at any disadvantage, so long as it is uniformly applied, which I know it will be.

Question put and agreed to.
Committee Stage fixed for Tuesday next, 21st July.
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