asked the Minister for Agriculture if the Agricultural Wages Board is required by the obligatory powers described in Section 17(1) of the Agricultural Wages Act, 1936 to prescribe a weekly rate of wages for agricultural workers.
Ceisteanna—Questions. Oral Answers. - Agricultural Wage Rates.
3.
While there is no specific provision in the Act which requires the Agricultural Wages Board to act in the way referred to in the Deputy's question, the Board in carrying out its functions of fixing rates of wages under Section 17 of the Act must inform itself of the contracts of employment normally made.
I understand that the Board finds that by far the greater number of agricultural workers are employed on a weekly basis and that the weekly minimum rates fixed by the Board are those most generally applicable throughout the country.
Would the Minister say if there is any direction in the Act to the Agricultural Wages Board prescribing that it should do that?
The terms of Section 17 of the Act are very explicit. It is a very well-drafted section and I think what the Deputy wants from it is quite clear.
But it does not say that they are, in fact, to fix such time rates?
If the Deputy refers to Section 17, he will find that it opens with the words "The Board shall, from time to time..." I cannot explain what that means if the Deputy does not understand it.
The Minister, without being insulting to me, might just remember that I have asked a civil question and I expect to get a civil answer from him, even though he is acting for the Minister for Agriculture.
I do not intend to be uncivil but I am just trying to tell him that the terms of the section are very explicit.
A few minutes ago, you told me it was not there. You now want to——
It is not the duty of the Minister to interpret legislation. That is the function of the courts and if the Deputy wishes, he can take the matter there.
No, but was it not the function of the Minister when the Act was being passed to insist on having it included, although it was not included, in what I may call the parent Act?
This is the 1936 Act.
I know it is.
4.
asked the Minister for Agriculture if the Agricultural Wages Board is required by Section 17(1) of the Agricultural Wages Act, 1936, to fix minimum rates for all timework.
I would refer the Deputy to the first paragraph of the reply which I gave to the question asked by him on 27th November, 1962.
That was the one in which it was denied the information was correct.
It is only two days old. The Deputy should be able to identify it.
Somebody was in an acting capacity like the Minister himself and he gave the wrong answer.
5.
asked the Minister for Agriculture if the Agricultural Wages Board is required to define timework, which is not defined in the Agricultural Wages Act, 1936, for the purposes of the minimum rates.
I am advised that the answer is "no".