Dáil Éireann debate -
Wednesday, 18 Feb 1942

Vol. 85 No. 13

Shops (Conditions of Employment) (Amendment) Bill, 1941-From the Seanad.

The Dáil went into Committee to consider Seanad amendments.

Minister for Industry and Commerce (Mr. Lemass)

I propose to ask the Committee to agree with all the amendments inserted by the Seanad. I move that the Committee agree with the Seanad in amendment No. 1:—

Section 3. At the end of the section the following new sub-section inserted:—

(3) The provisions of the Principal Act shall be deemed never to have extended to any vehicle from which there was carried on the retail trade of selling ice-cream, if and so long as the retail trade of selling ice-cream was the only or main trade carried on from such vehicle, and Section 3 of the Principal Act shall be deemed always to have had effect accordingly.

Question put and agreed to.

Mr. Lemass

I move that the Committee agree with the Seanad in amendment No. 2:—

New section. Before Section 5 a new section inserted as follows:—

Section 23 of the Principal Act is hereby amended by the addition of a new sub-section as follows—

(5) The Minister may, whenever and so often as he thinks fit, by order under this sub-section amend in respect of hotels the provisions of subsections (1) and (2) of this section.

Question put and agreed to.

Mr. Lemass

I move that the Committee agree with the Seanad in amendment No. 3:—

New section. Before Section 5 a new section inserted as follows:—

Section 29 of the Principal Act is hereby amended by the insertion in sub-section (3) of the following paragraph in lieu of paragraph (a), that is to say—

(a) in relation to a member of the staff of a shop which is a refreshment house, the hour of 3 p.m. or the time at which such member has completed five hours shop work on the relevant day in such shop, whichever is the earlier, and'."

Question put and agreed to.

Mr. Lemass

I move that the Committee agree with the Seanad in amendment No. 4:—

New section. Before Section 5 a new section inserted as follows:

The hours of employment of a member of the staff of a shop, which is a refreshment house, shall not on any day on which such member is allowed a half-holiday, within the meaning of Section 29 of the Principal Act, as amended by this Act, be divided into more than two spells and the period between any such spells shall not exceed one hour in duration.

Question put and agreed to.

Mr. Lemass

I move that the Committee agree with the Seanad in amendment No. 5:—

New section. Before Section 5 a new section inserted as follows:—

5.—(1) Where the proprietor of a shop which is a refreshment house does not allow a member of the staff of that shop a whole holiday on a Sunday in any week, such proprietor shall allow to him on some day (not being a day on which such proprietor allows him, in pursuance of Part IV of the Principal Act, a whole holiday or a half-holiday) within that week—

(a) in case such member does on that Sunday shop work for more than five hours, a whole holiday, or

(b) in case such member does on that Sunday shop work either (1) for a period of not more than three hours ending after the hour of 12 noon, or (2) for a period of more than three hours but not more than five hours, a half holiday.

(2) Where—

(a) a member of the staff of a shop which is a refreshment house is entitled in any week to a half-holiday under sub-section (1) of this section, and

(b) the proprietor of such shop allows such member a whole holiday on the day in such week which is in respect of such member a statutory half-holiday,

such proprietor shall be deemed to have allowed such member a half-holiday under this section on that day.

(3) Where—

(a) a member of the staff of a shop which is a refreshment house does shop work on alternate Sundays, and

(b) the proprietor of such shop is, in pursuance of sub-section (1) of this section, required, in respect of shop work done by such member on a Sunday in any week, to allow such member a whole holiday, such proprietor shall be deemed to have complied with such requirement if he allows such member—

(i) a half-holiday on some week day (not being a day which is in respect of such member a statutory half-holiday) within such week, and a half-holiday on some week day (not being a day which is in respect of such member a statutory half-holiday) within the next following week, or

(ii) a whole holiday on the day in such week which is in respect of such member a statutory half-holiday, and a whole holiday on the day in the next following week which is in respect of such member a statutory half-holiday.

(4) If the proprietor of a shop fails, neglects or refuses to comply with the provisions of sub-section (1) of this section, such proprietor shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to the penalties mentioned in the Third Schedule to the Principal Act.

(5) Section 35 of the Principal Act shall not apply in respect of any shop which is a refreshment house.

(6) In this section the expression "statutory half-holiday", when used in relation to a member of the staff of a shop which is a refreshment house, means a day on which such member is allowed a half-holiday under Section 34 of the Principal Act.

Question put and agreed to.

Mr. Lemass

I move that the Committee agree with the Seanad in amendment No. 6:—

New section. Before Section 5 a new section inserted as follows:—

Where—

(a) a person employed as a member of the staff of a refreshment house is provided with dinner at such refreshment house on any day, and

(b) is allowed on that day, for the purpose of partaking of dinner, an interval of not less than fortyfive minutes, so arranged as either to end not earlier than 11.45 a.m. or to commence not later than 3 p.m.,

the provisions of paragraph (1) of Rule 2 of the Second Schedule to the Principal Act shall be deemed to have been complied with in respect of that person on that day.

Question put and agreed to.

Agreement with amendments reported and agreed to.

Ordered: That the Seanad be notified accordingly.