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.