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Dáil Éireann debate -
Wednesday, 12 Mar 1975

Vol. 279 No. 3

Protection of Young Persons (Employment) Bill, 1974: Report Stage.

I move amendment No. 1:

In page 4, line 7, after "persons" to insert "(including parents and guardians)".

On Committee Stage we indicated our belief in the importance of parents or guardians in dealing with young persons below school leaving age and persons under the age of 18. We argued that an amendment was desirabe in the definition of "representatives of employees" in the Bill. In the definition section it is provided:

"representatives of employees" means such trade unions as are, in the opinion of the Minister, representative of the employees in relation to which the expression is used, or where there is no such trade union, such persons as are, in the opinion of the Minister, representative of such employees;

This is a very sensitive area and the definition section does not acknowledge the specific right of parents or guardians to be representative of employees. We have tabled two amendments to provide the Minister with an option but we believe the first amendments to provide the Minister with an option but we believe the first amendment is the most desirable and the most suitable. In an amendment tabled by the Minister there is a reference to parents and guardians. The acknowledgement of the right of parents and guardians is most important. We ask the Minister to accept the amendment by broadening the definition to include parents or guardians as representatives of employees.

I support everything Deputy Dowling has said. We want the Bill to be as flexible as possible. On Committee Stage the Minister intimated that he would have another look at this and we believed he would put down an amendment. I strongly urge the Minister to acknowledge the right of parents or guardians in this particular instance. I have checked on that since and we are quite confident that, in fact, parents or guardians are included in the Bill as it stands. I agree that parents or guardians can be consulted in the Bill as drafted. I am advised that the inclusion by name of parent or guardian would be unduly restrictive. According to the rules of legal construction of statutes the proposed insertion could operate in practice to restrict the range of consultation with various interested groups, including parents and guardians.

In the Bill as drafted parents or guardians are included in the terminology we have here. It seems paradoxical to put it this way but if we actually write them in by name in that sense the best advice available to us is that, in fact, it becomes a narrower interpretation and we do precisely the opposite to what the Deputies wish to bring about. Since I am confident that parents and guardians are included in our legal definition here, it would be bad construction to introduce what could become an element of ambiguity by bringing in these terms. There could, therefore, be a kind of technical constraint—one not intended by Members of the Oireachtas—by the inclusion of this term.

I should also explain that the expression "person" used in the section is defined exactly as in section 11 of the Interpretation Act, 1937 and that word includes a body corporate or an unincorporated body of persons as well as an individual. Therefore, it covers all description of individuals and associates. The addition, therefore, proposed is in the circumstances superfluous and would not work in the direction the Deputies desire. I hope they will appreciate that when I as I am proposing to do, reject their amendment, it is simply because the best advice available to us suggests that they would not be serving their own purpose by seeking the inclusion of the parent and guardian as they suggest.

The interpretation here states: "representative of the employer in relation to whom the expression is used, or where there is no such association, such persons as are, in the opinion of the Minister, representative of such employers." This can, in fact, mean that a person, other than the parent or guardian, can be the suitable person in the Minister's opinion, disregarding completely the rights of the parent or guardian. We feel this is where the weakness is in this particular section.

I thought we went into all this on Committee Stage. We are on Report Stage and as I understand it there is only an opportunity for the Deputy to make his case and he has the right later to reply.

I can reply to the amendment, the same as the Minister has the option to reply. The Minister's opinion can be that the persons representing the employees are not, in fact, the parents or guardians. The weakness in this particular section is that a definite and positive indication is not given that the parents or guardians have such rights and that the opinion of the Minister cannot supersede the rights of parents or guardians. This is an issue on which there can be no give or take. An assurance must be given that parents or guardians have the right. It should not be superseded by the opinion of the Minister that some other person is the person who is the representative of the employee.

I just want to save the Deputy from burning at the stake in an unnecessary cause. I am quite happy that the terminology here does all the Deputy wishes it to do. In fact, his amendment would be unduly restrictive and it is for that reason I reject it.

Amendment put.
The Dáil divided: Tá, 59; Níl, 65.

  • Allen, Lorcan.
  • Andrews, David.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Breslin, Cormac.
  • Brosnan, Seán.
  • Browne, Seán.
  • Brugha, Ruairí.
  • Burke, Rapheal P.
  • Callanan, John.
  • Calleary, Seán.
  • Carter, Frank.
  • Colley, George.
  • Connolly, Gerard.
  • Crinion, Brendan.
  • Cronin, Jerry.
  • Crowley, Flor.
  • Cunningham, Liam.
  • Davern, Noel.
  • de Valera, Vivion.
  • Dowling, Joe.
  • Fahey, Jackie.
  • Farrell, Joseph.
  • Faulkner, Pádraig.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom (Dublin Central).
  • Flanagan, Seán.
  • French, Seán.
  • Gallagher, Denis.
  • Geoghegan-Quinn, Máire.
  • Gibbons, Hugh.
  • Gogan, Richard P.
  • Haughey, Charles.
  • Healy, Augustine A.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael P.
  • Lalor, Patrick J.
  • Lemass, Noel T.
  • Leonard, James.
  • Loughnane, William.
  • Lynch, Celia.
  • Lynch, Jack.
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Molloy, Robert.
  • Moore, Seán.
  • Murphy, Ciarán.
  • Noonan, Michael.
  • O'Connor, Timothy.
  • O'Kennedy, Michael.
  • O'Leary, John.
  • Power, Patrick.
  • Smith, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Walsh, Seán.
  • Wilson, John P.
  • Wyse, Pearse.

Níl

  • Barry, Peter.
  • Barry, Richard.
  • Begley, Michael.
  • Belton, Paddy.
  • Bermingham, Joseph.
  • Bruton, John.
  • Burke, Dick.
  • Burke, Joan T.
  • Burke, Liam.
  • Byrne, Hugh.
  • Cluskey, Frank.
  • Collins, Edward.
  • Dockrell, Henry P.
  • Dockrell, Maurice.
  • Donegan, Patrick S.
  • Donnellan, John.
  • Dunne, Thomas.
  • Enright, Thomas.
  • Esmonde, John G.
  • Finn, Martin.
  • Fitzpatrick, Tom (Cavan).
  • Flanagan, Oliver J.
  • Gilhawley, Eugene.
  • Governey, Desmond.
  • Griffin, Brendan.
  • Hegarty, Patrick.
  • Hogan O'Higgins, Brigid.
  • Jones, Denis F.
  • Kelly, John.
  • Kenny, Henry.
  • Kyne, Thomas A.
  • L'Estrange, Gerald.
  • Lynch, Gerard.
  • Conlan, John F.
  • Coogan, Fintan.
  • Cooney, Patrick M.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan.
  • Coughlan, Stephen.
  • Creed, Donal.
  • Crotty, Kieran.
  • Cruise-O'Brien, Conor.
  • Desmond, Barry.
  • Desmond, Eileen.
  • McLaughlin, Joseph.
  • McMahon, Larry.
  • Malone, Patrick.
  • Murphy, Michael P.
  • O'Brien, Fergus.
  • O'Connell, John.
  • O'Donnell, Tom.
  • O'Leary, Michael.
  • O'Sullivan, John L.
  • Pattison, Seamus.
  • Reynolds, Patrick J.
  • Ryan, John J.
  • Ryan, Richie.
  • Spring, Dan.
  • Staunton, Myles.
  • Taylor, Frank.
  • Timmins, Godfrey.
  • Toal, Brendan.
  • Tully, James.
  • White, James.
Tellers: Tá, Deputies Lalor and Browne; Níl, Deputies Begley and B. Desmond.
Amendment declared lost.

I move amendment No. 2:

In page 4, line 7, after "persons" to insert "or associations".

According to the section, representatives of the employees mean such trade unions as are in the opinion of the Minister representative of the employees in relation to whom the expression is used or, where there is no such trade union, such persons as are, in the opinion of the Minister, representative of such employees. There could be other organisations or associations representative of the employee. Associations, youth councils or other people who could be classified as representative of the employees should not be debarred. The Minister having defeated the first amendment, having failed to recognise the right of parents or guardians, should at least accept this amendment in this very sensitive area. The amendment is self-explanatory. It has reference to the right of representatives. I ask that some associations that might have the right to represent should be included in the definition section.

I support Deputy Dowling's amendment again on this occasion. It is the Minister's responsibility to accept the amendment. I could not follow the Minister's line of argument in rejecting the last amendment that had reference to parents and guardians of young persons. The Minister denies them the opportunity of being recorded in a Bill such as this as having an obvious right in a situation as outlined in the section.

The amendment proposes that "association" be included. There may be youth associations or associations of various types that would be well equipped to speak for young persons in circumstances where a trade union would not exist. It is not right that the Minister should say that where trade unions do not exist it is only persons who in his opinion are regarded as representative of such employee who should be included in the Bill. I accept that the Minister is a responsible man and I hope that successive Ministers will have the same sense of responsibility. As the Bill stands it is the Minister's opinion that governs who represents a young person when a trade union does not.

The Minister did not accept the first amendment which sought to recognise the right of any parent or guardian. As a parent, I would be annoyed with any Minister who would not have a parent or guardian included in the Bill as having first priority to represent a young person. Not having accepted that amendment, the Minister should accept the amendment in Deputy Dowling's name and include "association". A trade union is acceptable, and rightly so, but when it comes to the person for whom no union exists, the Bill says that it is only persons who in the Minister's opinion are representative who are entitled to speak for the young person. Who will these people be? It can cover a very wide field. I would have my priorities and I am sure the Minister would have his priorities. The Minister should specify his priorities in legislation introduced in the House.

It is unbelievable that a Minister introducing a Bill with the title Protection of Young Persons (Employment) Bill, 1974, would not take cognisance of the parent in the first place. There are many excellent organisations and associations catering for and working for young people. These people could be consulted in a situation where trade unions do not exist.

If the Minister continues the line of argument which he adopted on the first amendment, I would find it very difficult to accept his argument. He suggested that to include the parent or guardian would inhibit and would not help what we wanted to achieve by this Bill. I cannot see how it would hinder it. I cannot see how the same line of argument regarding "associations" would be valid. I would ask the Minister to accept the amendment for a number of reasons, first of all, to give some status and recognition to the many youth organisations and associations that exist, who may on occasion be in a strong position to speak in certain areas. Remember, we are talking of the country as a whole. I would ask the Minister to accept the amendment.

It may be my fault. I tried to explain on the last amendment that what the Deputies are seeking is, in fact, in the Bill. Whilst I have no objection to Deputies expressing their position by vote or by speech or otherwise, I would suggest to the Deputies that they are involved in a rather foolish enterprise when what they are seeking is, in fact, in the legislation before us. I would put it to the Deputies that they are not dealing simply with my opinion. We have consulted a very wide range of expert opinion, including legal opinion, on this matter and I can assure the Deputies that, in fact, the opinions they are expressing here are covered in the legislation before us.

I would explain again that the expression "person" as used here includes a body corporate or a non-corporate body or persons as well as an individual. That means the non-trade union body, the youth organisation. All of these are included in the terminology used, which covers all description of associations and the addition proposed is, therefore, superfluous. Where there is no trade union representative of the employee, I am empowered to consult the widest possible spectrum of persons.

In the explanatory document which I will put out with this legislation after its passage through both Houses I will explain this Bill in simple, layman's language so that nobody will have any doubts about their rights under the legislation. I would appeal to Deputies to understand that what they are seeking is here.

If "person" has such a wide meaning as the Minister has indicated, surely it covers trade unions and other organisations? Why then insert "trade union" in the definition section? The Minister included "trade union" as distinct from a parent or guardian or association. It is not logical to me. I am not concerned about the advisers he has consulted. There is common sense and logic in relation to this problem and there are the basic and fundamental rights of the parents. The Minister wishes to interpret the term "person". There is no interpretation of "person" in this Bill. It is the Minister's own interpretation or the interpretation given to him by someone. If it covers the wide field that the Minister has indicated, then there is no need for this section at all. Just put down "persons representative of the employee or persons".

It is not my interpretation; it is the Interpretation Act of 1937 that I am referring to constantly here. In other words, it is not my opinion. It is covered by existing legislation.

The Bill that I am concerned about is the Protection of Young Persons (Employment) Bill, 1974. Whatever they may have thought in 1937 or 1957 or 1947 does not concern me at the moment. This is a Bill that will be read by the public, by employers and by representatives of the employees. If the term "person" is so wide, why does the Minister include "trade union" as distinct from other organisations? Is it not just as vital that other organisations such as the Youth Council or a variety of organisations would have the right to speak on behalf of employees? Once the term "trade union" is inserted, "other organisations" should be inserted. If the term "person" means all of these things, I fail to see the Minister's logic.

I am not concerned with the advice he got. If a young person or an employer reads this Bill he will see the definition section and interpret it accordingly and not regard the opinion of the Minister or anybody else. Although I have regard for the Minister's opinion on certain matters, this Act will be the concern of other Ministers for Labour in the years to come because the present Minister will not be long there.

Why does the Minister ignore parents and guardians and refer only to trade unions? In the Minister's opinion, parents and guardians are to be superseded by associations which the Minister thinks should represent the employees. Is it the Minister's opinion that no other organisation or individual than trade unions should be accepted? This is a backward step and I would ask the Minister between now and the time the Bill goes to the Seanad to have another look at this and to get other advice on it.

If it saves us all another useless walk, I am prepared to look at it every day of the week.

Will the Minister assure us that before the Bill goes to the Seanad he will take further advice on it?

I will consult once more with my advisers.

Get better advice this time.

Amendment, by leave, withdrawn.

I move amendment No. 3:

In page 5, between lines 18 and 19, to insert the following:

"(4) The Minister may be order vary the hours of work specified in subsection (3) of this section."

Amendment No. 16 is consequential and the two amendments may be discussed together.

There was a request by Deputies on Committee Stage to review the hours under section 4 for which children under school leaving age might be employed to do light non-industrial work. The point was made that, perhaps, section 4 was a bit excessively inflexible. The advantages of certain hours being worked at weekends by contrast with weekdays were raised. Although I feel the formula in the Bill—so many hours per school days and per weekends spread over the entire period—still seems to me to be the most reasonable, I appreciate there are varying views on the question in accordance with varying circumstances, regional as well as industrial. I feel the best course, therefore, should be that, bearing in mind the point made about the variation of the maximum of 35 hours a week during holiday periods, I would take power by affirmative order of the Oireachtas to vary these hours generally, and this will mean that if I consider in the light of experience that a change is warranted in the future I can bring a proposal before both Houses of the Oireachtas to seek their approval before making an order. We, therefore, have the power to introduce the flexibility requested.

We welcome this amendment. The Minister has accepted the point we made about the regional consideration. We were concerned mainly with the rigidity of the section. It is a criticism we have in regard to other sections of the Bill. This is a new explanatory piece of legislation and as the Minister admitted we have not a lot of statistical information. Therefore, this type of flexibility of the Minister being able to make orders is required. We feel our pressure on Committee Stage was responsible for this amendment and we would have welcomed similar amendments to other sections. Therefore, we would welcome the Minister agreeing to have another look at this on the basis that being a Bill of this nature, being first in many fields, it creates a number of difficulties for young people.

The basic purpose of the Bill is to prevent exploitation of young people and that is why we are supporting it. The Bill may present certain social problems for young people and for families. Although we welcome the Minister's approach to this section, we would also have welcomed a similar approach to a few other points in the Bill. The Minister may have an opportunity of looking at the measure before it reaches the Seanad.

Amendment agreed to.

I move amendment No. 4:

In page 5, to delete lines 37 to 40, and to substitute the following:

"(a) before employing the young person or child, obtain a copy of the birth certificate of, or other satisfactory evidence of the age of, the young person or child, as the case may be,

(b) before employing a child, obtain the written permission of the parent or guardian of the child, and".

On Committee Stage Deputy Dowling withdrew an amendment requiring employers, before employing a child or a young person, to obtain the written permission of the parent or guardian. I undertook to consider bringing in such an amendment in respect of children. I am happy to concede that amendment as proposed by Deputy Dowling which meets the points he made on Committee Stage.

We welcome this amendment by the Minister. It was explained adequately by Deputy Dowling. We are glad the Minister has seen his way to accepting it, making the Bill a much better one before it reaches the Seanad.

Amendment agreed to.

I move amendment No. 5:

In page 5, line 41, to delete "or other satisfactory record" and substitute "in such form as may be specified by the Minister".

It is necessary in legislation of this kind to have some flexible areas and others more rigid. We feel this area should be fairly rigid. Subsection 5 (1) (b) says:

maintain a register, or other satisfactory record containing the following particulars of every young person or child employed by him——

Then those particulars are listed. We ask what one would define as being a satisfactory record? We feel there should be specified by the Minister, or the Department the type of form an employer should maintain, the type of register he should keep, not merely any type of copybook that could be changed from day to day, but a definite record for all time. We feel the term "satisfactory record" is vague and open to a variety of interpretations. What may be satisfactory in the opinion of one person may not be in that of another.

We feel it should be more rigid. It is the section which provides for the maintenance of records. Records must be kept in a particular way, for a particular period, on a particular form and not left to an individual to decide what, in his opinion, is the best form. I would ask the Minister to issue a form, as in the case of PAYE or value-added tax, where a particular form was issued by the Department involved, setting out the way one must keep such records. We feel records must be maintained in a form specified by the Minister or his Department to cover all aspects together with any others the Minister may feel necessary or desirable. It is necessary that such records be of lasting value rather than ones that could be destroyed or changed. It may not seem very important but we feel some more positive term than "or other satisfactory record" should be inserted in subsection 5 (1) (b) and we would ask the Minister to consider this.

I understand the Deputy's concern that there should be adequate records maintained. Subsection 5 (1) requires the employer to maintain a register or other satisfactory record containing certain specified particulars. The details are included in subsection 5 (1) (b) where we look for the full name of the young person or child, the date of birth, the time the young person or child commences work each day, the time the young person or child finishes work each day, the rate of wages or salary paid to the young person or child for his normal working hours per day, per week, per month or per year and the total amount paid to each young person or child by way of wages or salary. Therefore, we specify exactly the type of information required. As long as that is done, I cannot see any good reason for departing from a flexible arrangement consistent with the minimum additional record-keeping. I do not wish to burden employers with unnecessary paper work and make the provision of a particular form a statutory obligation. I am reluctant to put that extra paper work burden on, perhaps, small employers or others around the country.

What I am concerned about is to ensure that the information is available to the inspectors enforcing this legislation, that we arm them with sufficient power to look for all relevant records. For example, in compliance with the requirement in subsection 5 (1) (b) it could be envisaged that an employer could offer his personnel records, time cards, wage records, computer print-outs, showing individually, or collectively, all the required particulars as it happens to suit his current record system. There is no uniformity of record system by employers even at present. Several employers have indicated that they keep the required data already but in more than one record and in varying format.

I believe I have set out in specified form the details I require. What the Deputy is seeking to bring about is included in the objectives of subsection 5 (1) (b). Taking into account the information that can be sought there and the powers of the inspectorate, we will be able to obtain all the information necessary.

Does that mean that if an employer writes on the back of an envelope the details required here that would be regarded as a satisfactory record?

The inspector would have to be satisfied that it was a correct record, a reputable one and I do not think the Deputy's amendment would comply with that.

Is the Minister satisfied?

I am satisfied because, as the Deputy will see from subsection 5 (1) (b), we set out what we are seeking.

Amendment, by leave, withdrawn.

I move amendment No. 6:

In page 6, line 30, to delete "fifty" and to substitute "forty-five".

This amendment deals with the maximum working hours of young persons over the age of 16 years, 50 hours in any week or such other number of hours as may be specified in an agreement applying to the young persons. That is stated in subsection 7 (1) (b). We ask the Minister to delete 50 and substitute there-for 45. There must be a difference between the hours worked by a young person and those by an adult. While these are the maximum number of hours, we feel that 50 is rather long when the general trend of working hours for the adult worker is 40 per week. Indeed, the maximum working hours for adults, in many cases, would probably average less than 50. This is applicable to the situation where a young person over the age of 16 years is employed, where the labour to the employer would be cheaper than that of an adult worker, where an employer could exploit a young person at the expense of an adult worker. He could utilise such young labour for a maximum of 50 hours at a lesser rate of pay. There is an effort being made to close the gap between the normal working hours and the maximum working hours of individuals. We feel it wrong that the period in respect of a young person should be open to exploitation in any form whatsoever. It may be a very small percentage of irresponsible employers who would seek to exploit young labour. No doubt the majority of employers would not.

Where there is the desire to reduce the normal working week, it is unsatisfactory that the maximum working week would not be reduced also. If every worker was allowed work the maximum number of hours, then we would have very many people not at present in dole queues there in due course. If employers wished to exploit the situation and work each of their employees to the maximum—workers over 16 years of age—then we would have a very serious situation indeed. On the other hand, there is the desire in relation to adult workers to close this gap. As we pointed out on Committee Stage, many adult workers work far less than 40 hours and there is a maximum working week of 40 hours. It is certainly anomalous that young persons should be conditioned to a 50-hour week. In this Bill we had an ideal opportunity to show to the world that our thinking was progressive in relation to young persons and to indicate that we would not be bound by the legislation already there. By the time this Bill is enacted other nations will have much more progressive legislation for young persons. I should like to see a comparison of our legislation with that of other countries. We would probably find that ours is the most backward. We certainly expected more from a socialist Minister.

I want to condemn this subsection as I condemned the subsection with the limitation of ten hours per day for a young person. This is something that should have been remedied, but if the force of numbers is to be the deciding factor in this House in relation to the maximum number of working hours for young workers it is a poor look out. I do not know whether the Minister was pressurised into this situation by some right wing section, but it certainly does not do either him or the Government justice when we see these long hours which we thought we were moving away from and which, in fact, adult workers have moved away from. We shall probably have a situation in the not too distant future when adult workers will be working for 35 hours a week while young persons will be exploited by employers who can maintain them on a lower wage rate for as much as 50 hours per week as specified in this Bill. We hope that even in the Seanad the Minister will take his courage in his hands and say: "I do not agree with this."

Having listened to the Minister on many occasions both in government and in opposition, I thought that at the first opportunity he would bring in the most progressive legislation ever to be enacted here. Instead of that we have the direct opposite. Nevertheless, I still hope that the Minister will examine his conscience. If there are shackles binding him, let him throw them off. If they are not binding him, then he will have this on his conscience.

I wish to support Deputy Dowling's amendment. If we are to be progressive, then we should not impose a maximum of 50 hours on persons of the age of 16 years in 1975 conditions. Certainly 45 hours would seem to be a more sensible figure. I am disappointed that the pattern of legislation in the 1920s should be followed in this Bill, where there is a maximum number of hours per day, a maximum number of hours per week, for a four-week period and for a year. I do not agree with those criteria. I asked the Minister the last day where such ideas came from. Legislation should be introduced on the basis of what we consider suitable to our conditions and specify a maximum weekly working hour for people of this age group. We are not so much concerned now with the four-week period because we have holiday regulations, and there are certain single-day holidays and annual holidays. All these can be taken into consideration. I would ask the Minister to make a name for himself as a progressive Minister by scrapping this section and going to the Seanad with another provision. In our legislation we are too much inclined to follow precedents. "Such-and-such a section is included because it was provided in a previous Act." Surely what we must be looking at is a 1975 Act for 1975 conditions.

The more I see of the Bill the less happy I am with it. I do not think I ever saw anything as ridiculous as the Minister's amendment No. 6, the effect of which is to reduce the number of hours to 2,100 per year. Who could keep a record? Can you imagine an apprentice saying in December that he still had three or four hours to go because he had worked 2,100 hours?

The Deputy is dealing with amendment No. 7. We are dealing with amendment No. 6 in the name of Deputy Dowling.

Deputy Dowling's amendment is straightforward. Any section which would ask a boy to work over 37 hours a week would be contrary to the Apprenticeship Acts. An apprentice's hours are limited by law. He must be let go when he has worked a certain number of hours a day. Under this Bill an unscrupulous employer could make the boy, not an apprentice, do extra hours and also some of the work which an apprentice should be doing during his shorter day. This shows the absurdity of the Bill.

Deputy Dowling's amendment is better than the Minister's. The Minister should take a look at the working hours under this Bill. This section is so flimsy he will walk into trouble. I can see trouble from the trade unions on this point also. For years they fought to have apprentices' hours cut to the minimum. They will not want to see a Trojan horse type of legislation brought in to lengthen the hours worked by a young person.

Too few boys and girls get a chance of an apprenticeship. The Minister should have another look at this point and when the Bill is in the Seanad the weekly hours to be worked should be vastly reduced. Charles Dickens would have condemned some of the things in this Bill.

We are advising the Minister for his own good.

We always do. I repeat the Minister should look at this point again. It could be abused by unscrupulous employers or by an employer who is short of labour at a certain time. Under one Bill an employer could say that the boy or girl should work X number of hours, but an apprentice works a shorter day. The Minister should clear up this confusion. Unfortunately I did not have time to get information on apprenticeship hours. If his officials advise the Minister of the hours worked by apprentices in any industry he will see that they are less than the number given in this Bill. There is still time for the Minister to ensure that this House does not pass legislation which can be manipulated and used against young people.

I know Deputies make their contributions in all sincerity, in my best interests and in the interests of the people the Bill is designed to protect. I can set their fears at rest. Here we are talking about maximum hours beyond which there will be strict legal penalties and a very heavy fine imposed. Over the early period the maximum hours worked in a week would be 43 and not 50. Once we understand that, we bring this question into more realistic perspective which would keep the recommendations in line with good industrial practice. We are not talking about normal working hours but maximum working hours beyond which strict legal penalties would follow on breach. It must also be taken into account that in later sections rest periods are laid down which must also be complied with. Therefore, I decline the halo of William Martin Murphy which the Deputies opposite proferred. I am confident this is forward legislation.

I am very disappointed that the Minister could not be more progressive. He must realise that many of the young people to which this Bill refers will not have the advantage of the support of trade unions to better their conditions. Their conditions will be outlined in this House. Does the Minister consider that this is a reasonable maximum period for a young person to work? We do not. If the Minister was negotiating with an employer on behalf of a trade union I am certain he would say that a maximum of 50 hours per week is too great for a young person to work. The Minister now has the power to make a decision. The decision he reached will not get him any applause. It is a backward step which will place many young people at risk.

If the maximum number of hours were less these young people would probably pursue courses of study which would benefit them in later years. It is disturbing to see young people of 16 or 17 years being sentenced to a maximum of 50 hours. This will disrupt their courses. The Minister should take this aspect into consideration. On reflection I am sure he will realise he has done a grave injustice to these young people. People of 16 or 17 should be protected and assisted to participate in educational activities which will prepare them for the technical age in which we live. Some of these young people may be in employment which they cannot change. Notwithstanding the points made in relation to cheap labour, the Minister has an obligation to these young people. Here he is insisting on long dreary hours which may well deprive young people of the opportunity of pursuing certain studies or courses to their advantage in later years. Perhaps the Minister would have another look at this before the Bill goes to the Seanad. Will he consult with the trade unions and the young people's organisations and, if he is satisfied there is a case for a reduction, let him make that reduction when the Bill comes before the Seanad?

Deputy Moore made a point about apprentices. I do not know whether this provision would be in conflict with the law governing apprenticeship but surely this could apply to apprentices. Will the Minister give an undertaking now to do what I have asked him? What is proposed here is a backward step and we will be quite happy to accept suitable amendments made in the Seanad. Surely the Minister is not shackled. In Opposition he was very progressive. We are issuing a challenge now: let the Minister live up to what he said in the past.

I can assure the Deputy I constantly re-examine everything.

Including conscience.

I do not wish to mislead the Deputy but I am reasonably happy this is a good move.

Amendment by leave, withdrawn.

Amendments Nos. 7 and 8 are consequential and may be discussed together.

I move amendment No. 7:

In page 6, between lines 34 and 35, to insert the following: "(d) two thousand, one hundred hours in any year."

This amendment will ensure that employment over the year will work out at an average of 43 hours per week. This will be the maximum and anyone contravening this maximum will be subject to the severe penalties outlined in later sections. This is not to be confused with normal working hours which are a different matter altogether.

We do not welcome this amendment because it is quite obvious it is a compromise. Here we have a maximum number of hours per week. Then we have a maximum number of hours in four consecutive weeks and a maximum number of hours period. Deputy Dowling is right in referring to the Minister being shackled. He is shackled because he is following too closely procedures laid down. This is a ridiculous approach on the part of someone with the Minister's experience. I can assure the Minister that nobody will know whether or not the maximum is adhered to. I think the Minister is progressive and I am amazed at his refusal to accept the previous amendment. I appeal to him to scrap these two amendments. I believe 45 hours would be an adequate maximum number of hours. These stipulations about four weeks and 12 months are absolutely crazy. They should not be incorporated in modern legislation. Will the Minister reconsider this before the Bill goes to the Seanad? I would prefer the Minister to have a discretionary power to impose a maximum number of weeks as against the manner in which it is sought to be done here. We must oppose these amendments. They represent antiquated legislation, too complicated for employers and employees. Visualise the situation in the month of November with an employer trying to figure out how many more hours a boy may work before the end of the year. This is not the kind of legislation we would expect from a progressive Minister. If the Minister does as we ask him he will be doing a good job and making a real breakthrough in protecting young persons.

Amendment No. 8 is quite the worst yet. An employer would need a computer or be an Einstein to work out his position. At school we used to say there were 52 weeks in the year and seven days in the week but, when one multiplied 52 by 7, one found the answer was 364; a day was lost. There is a day missing and we all know where it is missing. The Minister will make this worse if he takes it over a year. His amendment No. 8 says "shall not exceed one hundred and ninety hours in any period of four, consecutive weeks". If you do a small calculation there you will see the figure you get as against the two thousand one hundred hours per annum.

Deputy Fitzgerald pointed out the great confusion which will exist in deciding how many hours a boy or girl has worked. I can see some employer saying he is using the Julian calendar and not the Roman calendar if the Minister insists on this. Amendment No. 8 should be dropped. The honest employer will be driven mad trying to calculate how many hours a boy has worked. A man may want to show a great degree of honesty towards the boy or girl but he cannot be expected to ask how many of the 2,100 hours the young person has worked. If this is put on a weekly basis, as Deputy Dowling suggests a week's hours could be looked after. It will not work out in defence of the young person when you try to do it on a yearly or four-weekly basis.

An employer could be excused for saying that he has not the time to tot up the hours worked over a month or a year. The Minister should really drop Nos. 7 and 8 because they will lead to great confusion. Nobody will be able to keep a record of the number of hours worked. There was great confusion during the last war when people had to keep records of coupons they issued. Many honest traders were in difficulty because it was so hard to keep track of those things. When an employer is employing labour of the type we are concerned about in the Bill he has not the time to do the tots of how long the young person has worked. The young boy punches a card and the wages clerk takes the card each day and he sees how many hours have been worked. He could say to the young person that he worked seven hours yesterday and eight today but he still has his yearly total to work out. The wages clerk and the boy will be driven around the bend by this type of thing. The Bill would be far better if both those amendments were dropped.

Not alone will the young person need to be a worker in the future he will need to be a mathematician as well. Those two amendments could be described as the Minister's computer checking kids. One would need a computer to keep up with them. In one amendment the average is 43 hours over the year and in the other it is 47½ hours over the month. Surely the Minister could give an indication that the maximum working week would be 43 hours if he thinks that is a satisfactory maximum over a yearly period. Why does he insist on 50? It does not seem logical to me. If we break down the monthly figure, we find he can work 47½ hours. If the Minister said instead of 50 hours he would make it 47½ hours we could see some logic in it because it is somewhere in between the 50 hours and the 43 we suggested. A maximum of 43 hours a week would be very acceptable to us.

As Deputies Fitzgerald and Moore have already indicated, those amendments will drive employers and employees around the bend. If the employee has not a parent or guardian to keep check of the hours he works he is in a bad way. The Minister said there would be satisfactory records but there will need to be comprehensive records, far greater than those anticipated by the Minister in a previous section. He should be realistic about this. We will accept the two thousand one hundred hours in any year, a maximum of 43 hours a week. It is illogical if 50 hours is specified, that the young person can work 50 hours in any one week or if it is on a monthly basis that he can work 47½ hours.

We find in the other section that 40 hours is specified. Therefore, the young person can work 40 hours, 43 hours, 47½ hours or 50 hours in a week. There is something wrong there. There must be a mean average somewhere that the Minister can strike. We have struck an average between the 40 and 50 hours. This variety of hours will certainly be confusing to the young person, to the employer, to us and I am sure also to the Minister. He must take into consideration the difficulty there will be in keeping those records. The young person will have to take out a notebook to see how many hours he has worked, whether he has worked two thousand one hundred hours or whether he has worked two thousand and ninety nine hours. Is this amendment brought in as a smokescreen in order to confuse the situation, indicating that we are leaning on the right side in order to give the young person the opportunity of earning £x overtime? It seems confusing to me as it does to the other Deputies who have spoken. If the Minister has another look at this and strikes an average of 45 hours we will be satisfied.

The Minister is progressive in one section and he is not in the important sections. When he is asked about this at Question Time or outside the House he will probably say that he had to define in the Bill the total number of hours a young person could work in any year, that he decided on two thousand one hundred and this is an average of 43 hours. He has specified 50 hours here. He should leave it at two thousand one hundred hours in a year because that works out at an average of 43 hours, which is acceptable. As the section stands, it is confusing to everybody. I wonder how confusing it will be to the employer and the young person. If this is the Minister's computer check in the future not alone will you need to be a mathematician but you will need a computer to keep abreast of the number of hours the young person works.

The average maximum over the year is, of course, 43 hours. The general principle behind the differentiation over the average for the year and the average for a four-week period is to ensure that over the longer period the lesser number of hours are worked. Over a shorter period the maximum permitted would be higher than over the longer period because what we want to do here is to prevent exploitation. There are heavy legal penalties for the person who is in breach of regulations regarding the maximum hours to be worked.

The employers will have to keep records for these periods of work. Deputies know that employers have to keep a careful check on hours worked since wage rates relate to them. Throughout industry there are quite sophisticated methods to ensure that a careful check is kept on the hours worked by employees and Deputies would be surprised to know how resourceful the employers are in connection with this matter. I have not any worries that employers would be in any difficulty in calculating the hours worked. Certainly the legislation assumes that, because employers are forced——

Why is the Minister adopting such a difficult procedure when a simpler one is available? I take the point he has made that it is not impossible to keep records, but surely the simplest approach should be used.

With respect to the Deputy, I hold that the methods chosen here are reasonably simple in the ordinary calculations used by employers in calculating the hours worked by employees. We must not confuse maximum hours with the normal hours worked. Over the longer period we have an average that, I think, most Deputies will agree is a fair one with regard to maximum hours. Later sections involving inspectors have the power to ask of the employers the hours worked by employees and under this legislation employers are forced to keep records of the kind referred to here.

I commend this section to Deputies opposite. They need feel no shame in supporting it because it marks a decided and vast improvement with regard to maximum hours and it will be of solid benefit to those people who are covered. As I mentioned already, later sections provide that records must be kept. Deputies have queried the difference between the four-week period and the 12-month period; since we are dealing with maximum hours over the longer period, the maximum period permitted is much shorter than over a period of a month.

Is the Minister referring to a calender year?

Yes, from 1st January. I should explain that the Interpretation Act of 1937 governs the terms used with regard to periods of work.

Two years could be involved, with nine months in the first year and 12 months in the second year and the person involved could be vastly in excess of the hours.

The year is counted from 1st January.

A situation might arise where the records would be confused.

We have no amendments under the section but we have a fairly careful assessment of the hours worked and the inspectors have ample powers. As I have explained, over the period of a year the average is 43 hours and over the month it is 47½hours. I think Deputies appreciate that the figure of 43 hours is reasonable.

We accept 43 hours as a maximum on a weekly basis but I would ask the Minister to drop the nonsense.

Amendment agreed to.

I move amendment No. 8:

In page 6, lines 39 and 40, to delete "in any period of four consecutive weeks does not exceed one hundred and ninety hours" and substitute "shall not exceed one hundred and ninety hours in any period of four consecutive weeks and two thousand, one hundred hours in any period of one year".

Amendment agreed to.

I move amendment No. 9:

In page 6, line 51, to delete "nine" and to substitute "eight".

Section 8 states:

(1) Subject to the provisions of this Act, an employer shall not permit an employee who is a young person under the age of 16 years of age in his employment to work for him for more than—

(a) nine hours in any day, or

(b) forty hours in any week.

The nine-hour day for a young person under 16 years went out with the Indians. We will not send the Minister away with any more because it appears he is being contaminated by working conditions abroad. We consider that nine hours is too much for a young person and we propose that it be reduced to eight hours. However, if the Minister wants to substitute seven hours we will fall into line with that. We have suggested a reduction of one hour which would amount to one hour per week.

The Minister cannot be serious when he tells us that it is fair and reasonable that a young person should work a nine-hour day and a 40-hour week. On Committee Stage we spent a considerable amount of time dealing with a 40-hour week and we pointed out how injurious would be the long working hours for young people. Our amendment is reasonable and we ask the Minister to accept it.

We had hoped that with the Minister we could have hammered out a Bill of which all of us would be proud but unfortunately that did not happen. Perhaps if the Minister had his way he would alter the situation but if this is his genuine view he must accept responsibility. He is taking a backward step and he is becoming contaminated by the right wing element that is pushing him further and further to the right.

We have got away from the long, dreary working hours, from the sweated labour shops and the slave labour situation where young boys were expected to work around the clock. We have reached a reasonable stage with the adult workers who have the power to regulate their hours to a reasonable degree. However, young people have no organisation to help them, they have not got their parents or guardians to represent them but are represented by someone the Minister considers suitable.

The Minister says nine hours is a reasonable period each day for a young person to work. How can he be serious? If he insists on it, it is a matter the House will have to decide. Young people of 16 years will grasp at inferior types of employment and this is the area where the greatest exploitation occurs. Children of that age are the most vulnerable section of our work force. According to the Bill, an employer can keep a young person of this age at work for nine hours a day or 40 hours in any week. The Minister has quoted Acts of 1936 and 1945, legislation which is now outdated. We must ensure that this new legislation does not bring us back into the dark ages where young children were exploited at sweated labour. I ask the Minister how many adult workers spend nine hours in any day at work. The Minister has said this is the maximum period and my reply is that the maximum very often that the norm. The Minister cannot constantly revise legislation of this kind. We have been told of the massive amount of legislation that is to come before us.

We have another ten years in which to do it.

The Minister should get ten years' hard labour if he sentences young people to a nine-hour day. When the Labour Party were over here they often accused us of being conservative. I have to describe this Bill as being the most conservative and reactionary piece of legislation I have seen.

Will the Deputy get back to the amendment?

I hope the Minister will have second thoughts about the nine-hour day and that he will give proper protection to children of tender years.

On Committee Stage the Minister spoke many times of the Bill as being reforming. We welcomed the Bill but the more one looks at it the more one finds that the Minister is leaving an awful lot of room for further reform in this sphere. I do not know when the five-day week came into being, but at that time the normal working day for an adult was nine hours. Now the Minister is saying that a young person of 16 years should work nine hours.

The Minister is legislating for the country at large and to my knowledge there are young people of, perhaps, 15 years in employment. Such a person may have to get up very early, cycle for ten or 15 minutes to meet the bus and then travel to his work for a further three-quarters of an hour. He repeats this in the evening and that, to my mind, means an 11-hour day if he works for nine hours. We are anxious to see progressive legislation, and, therefore, there is an obligation on the Minister either to accept the amendment or to agree that he will by order fix the maximum number of hours a young person may work. As an Opposition, we would accept that from the Minister knowing he would be sensible enough not to exploit the flexibility we would allow him. But if the Minister does not accept the deletion of nine and the substitution of eight for people of that tender age we would have no alternative but to oppose it as far as we can. We sincerely believe it should not be nine hours per day in this year of 1975. It is too long for young people in their early and tender years. The Minister knows that just as well as I do. The Minister should either accept Deputy Dowling's amendment or, alternatively, agree to having discretionary powers where that aspect is concerned.

I support Deputy G. Fitzgerald when he says that this should be opposed to the full. At the same time. I hope the Minister will meet us in this amendment. Most of us here regard the five-day week as something worth fighting for, which is now sacrosanct. But if the Minister insists on this section remaining unchanged, if a young person worked a five-day week, that would amount to 45 hours, which would be more than the maximum allowable by the Minister. On the other hand, if he works four days he will be short. Deputy Dowling's amendment permits a boy to work five eight-hour days keeping sacrosanct the five-day week.

The Minister will remember that last year we had in this city a nine weeks' bus strike the basic cause of which was an endeavour to work out a five-day week. Unfortunately, at the time the employers and unions could not reach a solution, leaving the city without buses for a period of nine weeks and, I think, a second period of approximately three weeks.

The whole point here is one of simple mathematics. Deputy Dowling proposed that we substitute eight for nine, meaning that a young person could work eight hours per day for five days, which would be a 40-hour week permitted by the Minister in subsection 8 (1) (b). Therefore, that section and Deputy Dowling's amendment are in agreement. I imagine the Minister will agree to this, thereby saving a lot of trouble. We shall have to adhere to the five-day week fought for over so many years by the trade unions. Of course, we know the five-day week will become shorter and shorter as modern techniques of manufacture and the distribution of goods are perfected. A young person is entitled to two days off per week just as are the rest of us. At present the Minister allows a young person to work 40 hours per week but there will be further trouble with the five-day week. It would be a simple matter for any young person to work five eight-hour days so that he would have two full days of rest in which to play football or do anything else he might want. If the Minister persists in resisting the amendment, he will be causing quite an amount of trouble and friction between young persons and their employers. Also, it is against the whole principle of the Conditions of Employment Act, 1935 which was a type of charter. I think the Minister would be showing himself to be progressive in accepting Deputy Dowling's amendment and I would appeal to him to do so.

All that is at issue here really is the question of semantics. We do say a 40-hour week only can be worked by those under the age of 16. That is an average of eight hours per day. It is specified in the Bill before us that it is 40 hours maximum in any one week; eight hours per day is the average of 40 hours on a five-day week. All that we have in this legislation is the permission of some flexibility, the maximum in any one day being nine hours.

If the Minister insists on nine hours it will introduce a six-day week.

No, the provision is over the weekly period. The employer cannot, without breaching the provisions of the legislation and incurring very heavy penalties, exceed 40 hours maximum in any one week. Therefore, Deputies opposite need not be alarmed that there is anything more envisaged here than a five-day week and an eight-hour day. It is the maximum about which we are talking not the normal. We are talking about very heavy penalties if there is an infringement of that maximum over a week where it can be a maximum of 40 hours only. But in any one day we do permit the flexibility of nine hours. That would mean that where an employee did work nine hours on a five-day week basis it would have to be for the remaining four days of that week three eight hour-days and one seven-hour day.

Therefore, I do not think Deputies should become over anxious about any departure from this Bill in this section. It is a fair suggestion that young people of that age work a maximum week of 40 hours, remembering again, all the rest periods and other provisions of the later sections. Therefore, I would recommend that to Deputies.

Has the Minister considered that in respect of the country boy the nine-hour day becomes an 11-hour day in many cases?

This legislation deals with hours of work only.

I accept that but the Minister must accept also that the hours of work relate to the country as a whole and there are certain regions where that nine-hour day automaticaly becomes an 11-hour day.

A maximum of 40 hours per week.

But the nine-hour day is what we are objecting to.

This Bill deals with persons under 16 years of age and with persons over that age. We have, then, the other category, the adult worker. As we know, the adult worker has long passed the 40-hour week. There must be some difference between the number of hours worked by an adult and those worked by a person over 16 or under. In many cases the norm for the adult worker is in the region 37, 38 or, in some cases, 35 hours per week. The aim is to reduce further the normal working week of the adult, where the maximum would be 40. We know of many cases where the norm is much less than 40.

Here the Minister indicates that a person not alone over 18 years of age but, under 16 years, is condemned to a nine-hour day. It has been indicated how exploitation can take place of a vulnerable section of our society, a section with no trade unions, no parents or guardians to look after their welfare. They are alone and we are the only people who can indicate clearly what are to be their conditions of employment in the future. We are not going to condemn them to a nine-hour day or a 40-hour week. We feel that people of tender age, covered by this section, should not be exploited in that fashion. Other European countries are moving away from a 40-hour week for adults. Indeed, we have reached that stage and gone further.

The Minister is very dogmatic in his insistence that we have this sweated-labour situation embodied in our legislation, that we condemn young people under 16 years of age to a nine-hour day. As I have already pointed out, young people represent the most vulnerable section of our society, people who will grasp at any job on leaving school, or even prior to that, and who represent the most likely section to be exploited. We are going to leave a loophole so that they can be exploited by unscrupulous employers. Having come thus far in the Bill, we realise the Minister is not the kind of man we thought he was. He wants to make it tough for young people, to ensure that they work long, dreary hours. He would deprive them of the opportunity of furthering their education after working hours. The child under 16 years of age who would work a nine-hour day would be in no condition to embark upon an educational course after going home.

The Minister has quoted legislation of the past. We are not concerned with that. We are concerned about legislation for the future. Why can the Minister not be progressive and protect young people in the manner we all desire and that, I am quite sure, the Minister desires? What is he afraid of? We expected more of him. We will not stand for such a provision as this.

Question put.
The Dáil divided: Tá, 65; Níl, 60.

Tellers: Tá, Deputies Begley and B. Desmond; Níl, Deputies Lalor and Browne.

  • Barry, Richard.
  • Begley, Michael.
  • Belton, Luke.
  • Belton, Paddy.
  • Bermingham, Joseph.
  • Bruton, John.
  • Burke, Dick.
  • Burke, Joan T.
  • Burke, Liam.
  • Byrne, Hugh.
  • Cluskey, Frank.
  • Collins, Edward.
  • Conlan, John F.
  • Coogan, Fintan.
  • Cooney, Patrick M.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan.
  • Coughlan, Stephen.
  • Creed, Donal.
  • Crotty, Kieran.
  • Cruise-O'Brien, Conor.
  • Desmond, Barry.
  • McMahon, Larry.
  • Malone, Patrick.
  • Murphy, Michael P.
  • O'Brien, Fergus.
  • O'Donnell, Tom.
  • O'Leary, Michael.
  • O'Sullivan, John L.
  • Pattison, Seamus.
  • Reynolds, Patrick J.
  • Desmond, Eileen.
  • Dockrell, Henry P.
  • Dockrell, Maurice.
  • Donegan, Patrick S.
  • Donnellan, John.
  • Dunne, Thomas.
  • Enright, Thomas.
  • Esmonde, John G.
  • Finn, Martin.
  • Fitzpatrick, Tom (Cavan).
  • Flanagan, Oliver J.
  • Gilhawley, Eugene.
  • Governey, Desmond.
  • Griffin, Brendan.
  • Hegarty, Patrick.
  • Hogan O'Higgins, Brigid.
  • Jones, Denis F.
  • Kelly, John.
  • Kenny, Henry.
  • Kyne, Thomas A.
  • L'Estrange, Gerald.
  • Lynch, Gerard.
  • McLaughlin, Joseph.
  • Ryan, John J.
  • Ryan, Richie.
  • Spring, Dan.
  • Staunton, Myles.
  • Taylor, Frank.
  • Timmins, Godfrey.
  • Toal, Brendan.
  • Tully, James.
  • White, James.

Níl

  • Allen,
  • Andrews, David.
  • Blaney, Neil T.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Breslin, Cormac.
  • Briscoe, Ben.
  • Brosnan, Seán.
  • Browne, Seán.
  • Brugha, Ruairí.
  • Burke, Raphael P.
  • Callanan, John.
  • Calleary, Seán.
  • Carter, Frank.
  • Colley, George.
  • Connolly, Gerard.
  • Gogan, Richard P.
  • Healy, Augustine A.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael P.
  • Lalor, Patrick J.
  • Lemass, Noel T.
  • Leonard, James.
  • Loughnane, William.
  • Lynch, Celia.
  • Lynch, Jack.
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Crinion, Brendan.
  • Cronin, Jerry.
  • Crowley, Flor.
  • Cunningham, Liam.
  • Davern, Noel.
  • de Valera, Vivion.
  • Dowling, Joe.
  • Fahey, Jackie.
  • Farrell, Joseph.
  • Faulkner, Pádraig.
  • Fitzgerald, Gene.
  • Flanagan, Seán.
  • French, Seán.
  • Gallagher, Denis.
  • Geoghegan-Quinn, Máire.
  • Gibbons, Hugh.
  • Moore, Seán.
  • Murphy, Ciarán.
  • Noonan, Michael.
  • O'Connor, Timothy.
  • O'Kennedy, Michael.
  • O'Leary, John.
  • Power, Patrick.
  • Smith, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Walsh, Seán.
  • Wilson, John P.
  • Wyse, Pearse.
Tellers: Tá, Deputies Begley and B. Desmond; Níl, Deputies Lalor and Browne.
Question declared carried.

Barry, Peter.Barry, Richard.Begley, Michael.Belton, Luke.Belton, Paddy.Bermingham, Joseph.Bruton, John.Burke, Dick.Burke, Joan T.Burke, Liam.Byrne, Hugh.Cluskey, Frank.Collins, Edward.Conlan, John F.Coogan, Fintan.Cooney, Patrick M.Corish, Brendan.Cosgrave, Liam.Costello, Declan.Coughlan, Stephen.Creed, Donal.Crotty, Kieran.Cruise-O'Brien, Conor.Desmond, Barry.Desmond, Eileen.Dockrell, Henry P.Dockrell, Maurice.Donegan, Patrick S.Donnellan, John.Dunne, Thomas.Enright, Thomas.Esmonde, John G.Finn, Martin.

Fitzpatrick, Tom(Cavan).Flanagan, Oliver J.Gilhawley, Eugene.Governey, Desmond.Griffin, Brendan.Hegarty, Patrick.Hogan O'Higgins, Brigid.Jones, Denis F.Kelly, John.Kenny, Henry.Kyne, Thomas A.L'Estrange, Gerald.Lynch, Gerald.McLaughlin, Joseph.McMahon, Larry.Malone, Patrick.Murphy, Michael P.O'Brien, Fergus.O'Connell, John.O'Leary, Michael.O'Sullivan, John L.Pattison, Seamus.Reynolds, Patrick J.Ryan, John J.Ryan, Richie.Spring, Dan.Staunton, Myles.Taylor, Frank.Timmins, Godfrey.Toal, Brendan.Tully, James.White, James.

Amendment declared lost.

Amendments Nos. 10 and 11 are cognate and may be discussed together.

I move amendment No. 10:

In page 7, line 9, to delete "eight" and to substitute "seven and one-half".

Two groups are involved in these amendments, young persons under 16 and young persons of 16 and over. The Minister is well aware that the eight-hour day has been the norm for the adult worker for a considerable period. He is also aware that the 40-hour week has been the norm for the adult worker for a considerable period. In this Bill the Minister proposes an eight-hour day and a 40-hour week for a child of 16. This is a backward step. This is something that cannot be tolerated. In formulating legislation like this we should project that legislation into the future. Apparently the Minister is dedicated to the past. We should ensure that our law is progressive. Young people will object to these provisions, and rightly so. As I pointed out on an earlier amendment, we have to consider the young person of 16 or under who wishes to pursue his or her education at night. Surely the Minister is not serious in this.

This is slave labour. This is exploitation of youth. This is seated labour. Our legislation should be equal to or in advance of that in other European countries. This legislation is not progressive. The Minister will have to have second thoughts on this. No explanation could convince me and my colleagues that there is any good reason for this exploitation. Let us hope some Members on the Government benches will see fit to point out that there is room for improvement here. How many of them will troop into the Division Lobby in support of slave labour and the exploitation of young people?

The rights of parents and guardians are disregarded. The child is placed on a par with the adult worker. This slave labour attitude is to be deplored. We expected great things from a Labour Party Minister. We expected he would be progressive. He led us to believe he would be progressive when he was in opposition. He is not progressive in this legislation. We could not possibly agree to the exploitation of child labour. We hope the Minister will change his mind on this when the Bill goes before the Seanad.

Is this the collective wisdom of open government by Fine Gael and Labour? The Minister has the opportunity now to do something progressive. It may be his last opportunity. Will he grasp the opportunity and make this Bill a Bill of which we can be proud? The thinking behind this is not progressive thinking. It is stagnation. We could not possibly tolerate this. Surely there is some progressive thought somewhere in the Government. It seems to me that the members of the Labour Party are now completely submerged in the dictates of the reactionary Fine Gael Party. We know what their attitude was in the past in regard to workers and the protection of workers. The Minister has this opportunity now to show the people he is his own man and, if he does not take it, the finger will inevitably be pointed at him. This Bill needs to be drastically overhauled. We must ensure that our legislation keeps pace at least with that of other progressive countries.

We have our own thinking to do quite apart from Continental or other legislation. We have to think of our own young people and their special problems. The Minister apparently accepts the dictates of the Fine Gael Party because as I understood it the Labour Party thinking was on the side of the weaker section of the community, especially young employees. Now we find a completely different situation when they are in office. Why should the young people be hounded into this situation by the Department of Labour and the Government? Young people will be condemned to those conditions for quite a considerable period to come. We know when legislation passes through this House quite a considerable period elapses before there are any changes made to it or before new legislation is brought in to keep abreast of the times. It is likely we will have to wait for a long time before our legislation is brought in line with European legislation. We should not have to wait until other countries move. We should instead move on our own and show the world that we are progressive in our thoughts and that we are not creating slave labour conditions or have slave labour attitudes in relation to young people.

When this Bill goes through, people who do not read the Dáil debates will think that the Opposition are as bad as the Government. They will say that the Bill is the collective wisdom of Dáil Éireann and that it is a poor reflection on the House. The bell will ring in a few moments and we will see how many Deputies will go into the division lobby in support of this slave attitude. I did not think the Minister for Labour would bring in a Bill such as this. I expected much more of him because I know that in many ways he is progressive in thought. He is selling out on the young workers of this country, those from 14 to 16 years of age. We are going far beyond the number of hours an adult works in a day in relation to the number of hours young people can work. An adult working day is eight hours. In some cases it is less. In this Bill we are condemning children of 13, 14 and 15 years of age to work longer hours.

This Bill is called the Protection of Young Persons (Employment) Bill but it is the greatest farce that ever went through the House. How will the Minister answer the people who really wish to protect young people? He has completely disregarded the rights of parents and guardians. He has taken unto himself the right to decide who is to be the representative of those young people. They have no trade union to back them up. Young people who leave school at 14 years of age and often work in inferior employment are the most likely to be exploited. Have the Government any conscience in relation to those young people? Is this the attitude of the advisers in the Department of Labour? Is this the Minister's attitude or the collective attitude of the reactionaries in the Fine Gael Party? If it is I am sorry for him because he is weak if he yields to that pressure. Some of those people are 20 years behind the time.

There is no need for me to go any further in relation to this matter because I have spoken at length on it on Committee Stage. The Minister seems to think that children under 16 years of age can work longer hours than adults. He should decide to do what he thinks is right and accept the two amendments I put forward. There are other amendments we have to discuss but these are the most important because this is the area where children can be exploited. They have nobody to guide or guard them. They depend on the legislation passed through this House.

When the Minister was on this side of the House he very often expressed concern for those young people in employment. Now that he is Minister for Labour and can do something about the matter he should be as concerned about them as he was then. There is no use quoting to us Acts of 1926, 1936, 1946, 1956 or 1966. We are concerned with the 1980s and the 1990s and with the young people of the future. The Minister should have some progressive thought in relation to them and should be prepared to accept our amendments.

I do not think that the Minister agrees wholeheartedly with many of the provisions he is putting forward but he has to accept responsibility for legislation he brings before this House. We will oppose the slave-labour mentality of the Minister and the Government but we are giving the Minister an opportunity to meet our reasonable amendments. Notwithstanding the fact that the amendments are in my name, I do not think they go far enough. However, they will give the Minister an opportunity to move from his present rigid position with regard to this legislation. This Bill is not designed to protect young people, it is designed to exploit them. Even at this late stage I hope we will hear some progressive statements from the Minister so that ultimately we can look back on this legislation with pride. If this Bill is enacted it will be one of the most repressive pieces of legislation. It is aimed at the most vulnerable section of the work force, the young people who have no one to protect them. The rights of their parents and guardians are disregarded; we are the only people who can help them but we are not doing that now.

I am sorry for the young people who will be affected by this legislation. Fianna Fáil have done as much as they can but the Minister has not been progressive. Even at this stage he should consult with trade unions or some competent organisation; perhaps he might consider setting up a committee of parents, guardians, trade unionists and others who could decide on what they would consider a reasonable number of hours to be worked. There must be some people who would help, apart from the reactionary groups now advising the Minister. It should be possible to get a group of people from different walks of life: married women with children in the work force, workers, trade unionists and the more progressive people in the Minister's Department so that justice may be done to those whom we purport to protect.

The Minister is a good friend of mine and I am sad he has found himself in this situation. We are doing our best to help him; it is up to him now but if he is determined not to be progressive in this matter we will have to test the House in the division lobbies.

Deputy Dowling has dealt with this matter very well and he has told us quite clearly that a measure that might be regarded as a desirable innovation for the protection of young persons is instead conservative and outdated. There are flaws in all the sections but in this section it is obvious that the daily normal working hours are completely absurd for a young person.

I shall be more kind to the Minister than Deputy Dowling because I am convinced the Bill is not worded as he would have wished and I am sure he realises he was ill-advised. He should take back the section to the Department and should make the necessary alterations. He should use his ministerial discretion. I am convinced that by doing this he would ensure that a young boy or girl would not be obliged to work an eight-hour day.

I would remind the Minister that whether the young people are from the town or the country areas it is more likely they will spend at least one hour travelling to and from work each day. At the moment we have a catastrophic unemployment situation; jobs are difficult to find for young and old, and young people find it difficult to get apprenticeships. It is a matter for serious concern for all of us but at times one wonders if the people in Government are worried about what is happening. In Dublin city young people have to travel across the city to reach their places of employment and when one calculates the amount of travelling time they spend it is clear that the eight-hour normal day becomes a ten-hour day. This is quite unacceptable to us.

The legislation introduced by the Minister has been disappointing. It is my first time to be deeply involved with a Bill going through the House and I have been very disappointed by the stonewalling tactics. The Minister has decided that our amendments will not be considered although their necessity is quite apparent. It is obvious he will bulldoze the legislation through, that he will bring in the legions to carry it through by weight of numbers. However, that cannot ease his conscience or lessen his responsibility to the young people. This legislation will be remembered as an outdated measure even before it has passed through the Houses of the Oireachtas.

During the Committee Stage of the Bill the Minister said I would have to face him on many Bills in the not-too-distant future. I hope the legislation he will introduce in the future will be progressive and forward-looking. I would ask him to accept the amendments we have put forward. He is suggesting in this Bill that the normal working day for a young person should be eight hours. This is unacceptable and we will oppose it to the best of our ability. Deputy Dowling asked the Minister to take the Bill back and have another look at it before it goes to the Seanad. We will give him discretionary powers and I appeal to him to do this in the interests of young people.

In the past four hours I have been wondering where all the Government Deputies have been. There has been nobody here but the Minister and five Fianna Fáil Deputies. This legislation is supposed to be reforming the position in regard to young people and one would think Government Deputies, particularly those in the Labour Party, would show some interest in a Bill the title of which states that it is for the protection of young people. Their absence may be due to cynicism.

The Minister said "no", "no", "no", to all amendments put forward by this side although on Committee Stage he gave an implied undertaking that he would accept amendments. This legislation as it stands could become a sort of Frankenstein which could do more harm than good. The Minister has said these hours are the maximum but we all know that the maximum becomes the norm, the minimum indeed, in many cases. Why can the Minister not listen to the Opposition on this occasion? Democracy does not mean a one-party Parliament. We are here to do our duty, we have put forward worthwhile amendments but they have been rejected so far.

I have doubts as to whether this Bill, if tested in the Supreme Court, would not be declared repugnant to the Constitution. Various anomalies arise in sections 9 and 10. There is one provision in section 9 which includes vocational schools, from the point of view of being released during working hours but it does not include primary schoolchildren. A boy or girl of 15 years and one month might wish to stay on in primary school, yet there is this anomaly in the Bill. It is symptomatic of the loose drafting which shows itself elsewhere in the Bill. I do not regard the Minister as another Simon le Gris, I do not think there is slave driving in his nature, but neither do I think he is taking this legislation seriously. For a start, the title is a misnomer and when Fianna Fáil return to power the first thing we must do is to review this legislation. In the meantime our young people will suffer—I hope not for long.

If one were to visit the grave of Charles Dickins tomorrow one would see that he had turned in his grave tonight because we in a progressive Parliament have endorsed this Bill which has no purpose beyond confusing employers and workers, a Bill which lays down that a boy or girl should not work more than 2,100 hours a year. Can anyone imagine asking a trade unionist who is on a weekly contract to work 2,100 hours a year? Some of the Bill is archaic and some of it is completely unacceptable.

I commend the oratory of the Deputies opposite, if not the sense of what they have been saying——

That is a concession, coming from the Minister.

I sincerely pay tribute to the interest they have in legislation of this kind. For the Government, I say the Bill bespeaks their interest in reform in this area. We do not require the presence of Government Deputies. We have the legislation here which is an affirmation of the Government's seriousness in this area. The Bill has received a general welcome from all the bodies I discussed it with. It is not a type of Bill for which we could expect unanimous support from all sides but it is fair to say there has been a general welcome for it from youth organisations, trade unions, employers and so on.

Coming to amendment No. 10, I consider that for a young person of more than 16 years a working day of eight hours or a 40-hour week is reasonable. This is allied in later sections to rest periods, and the provision that the type of work they do be subject to certain improvements. I have discretion to alter these things as changing times and circumstances require. On amendment No. 11, I think it will be accepted that a 37½-hour week for young persons under 16 years is reasonable and could not give rise to some of the fears of Deputies about worsening the situation.

These are solid improvements in the normal working hours' category. It must be remembered that we have also, in other sections, maximum hours laid down. For the person over the age of 16 years we have the average 43 hours' maximum over the year. For the person under 16 years we have a maximum of 40 hours over the entire week. I would again remind Deputies that, beyond those hours, there will be an offence committed with heavy penalties attaching. It will be accepted that the normal hours will be 37½ per week for those under 16, subject to a maximum of 40 hours. For the over 16s, it will be a 40-hour week subject to an average of 43 over the year. Those are reasonable figures in anybody's assessment of the situation.

I would say to Deputies that I am open to all suggestions, I hope, at all times. I will not give way to the feeling that the person who has the honour of leading a Department of State should feel that he or his officials has a monopoly of wisdom. I would say, in defence of officials of my Department, they are men and women of much commitment to real social justice as are any members of the Opposition. Deputies opposite have been kind enough about my sentiments in this regard.

The Minister probably rejected their submissions also.

I do not want to divide the Department of Labour into right and left. Those figures, as I have read them out, without any exaggeration, speak for themselves. I will go back to saying I praise the oratory of Deputies opposite but I think the content suffers when contrasted with the reality, as it obtains in this legislation. I am at all times open to accepting constructive amendments and have shown evidence of that in the passage of this Bill. Having listened carefully to what Deputies have been saying, I see no reason to alter my attitude in this area. Therefore, I reject the suggested amendments.

In view of the Minister's statement——

Deputy G. Fitzgerald may not speak again.

On a point of order, in view of the fact that the Minister has intimated the interest of the Government in reform, I think we should have a quorum in the House to hear this important matter.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

Perhaps I may conclude on amendments No. 10 and 11. The Minister has indicated that this Bill is a reflection of the solid improvement the Government wish to make in relation to social justice for young persons. We have described this Bill as one of the sweated-labour, slave-labour attitude of the Government.

Is the "we" the royal plural?

Members of the Government and their backbenchers will be asked to vote on these two amendments in a few moments. The Government expect a person under the age of 16 to work a normal day of eight hours while adult workers in this State have been enjoying an eight-hour day for a considerable period. That demonstrates the backward thinking of the Government. We feel that that slave-labour mentality of the Government cannot be tolerated and is one that will have to be backed up by the tramping feet of the people in Fine Gael and Labour in the division lobbies in a few moments.

In amendment No. 10 there is a difference between a young person of 16 years of age and the adult worker. The Minister indicates that as a matter of Government policy, and a solid improvement, a person of 16 years or over should work an eight-hour day. That is regarded as the norm. He indicates also that, as a progressive social measure of the Government, a person of 14 or 15 years of age should work an eight-hour day as the norm——

A 37½ hour week.

——while our adult workers have been enjoying an eight-hour day for so long. Indeed some of them are now on a seven or a seven-and-a-half hour day. But we have here, in relation to what is called the Protection of Young Persons (Employment) Bill the slave-labour mentality of the Government, when in fact it is a Bill that victimises young persons. We have explained here in detail the problems of young persons who have no one to guide or assist them, who have no trade union to back them. Their conditions must be laid down in this House. If this is the Government's idea of social justice for young people, then we have a record of what constitutes social justice in 1975.

The Deputy deliberately misunderstands the Bill.

The Minister has tried again to distort the situation.

The Deputy has come into the House with his barrel organ and left his monkey at home.

(Interruptions.)

The slave-driver mentality will be seen in the division lobbies when the Government side go to trample on the young people. We will not be intimidated by the finger-pointing and the shouting of the backup group over there.

The Deputy has repeated himself at least six times in the last five minutes.

And I shall repeat it again if it is necessary.

Deputies should allow the Deputy in possession to speak.

The Minister tried to distort the situation. He indicated that the working week over a 52-week period would be 43 hours. This is correct, but he has embodied a 50-hour week in the Bill. We now have a situation where young people 14 years, 13 years or 12 years can be expected to work an 8-hour day. As I said before, there is a difference between the child of 14, the young person of 16 or over, and the adult worker. Adult workers have achieved the 8-hour day a considerable time ago. I believe the Minister is being pushed by the right wing element in Fine Gael. It is the collective wisdom of the Fine Gael and Labour Parties that was responsible for the sweated labour provisions being embodied in the Bill. Is there one man in the Fine Gael Party or Labour Party who will say he does not believe that a child of 13 or 12 years of age should be compelled by law to work an 8-hour day, the same norm as the adult worker?

That is not true.

That is true. It is embodied in the Bill, eight hours in any day. If the employee is a young person under the age of 16 years, the normal working hours shall be eight hours in any day.

Work under 14 years is totally banned.

He is talking about the 14-16 age group. It was a slip of the tongue.

Over the age of 16 years the normal working day shall be an 8-hour day. We see throughout this Bill that there is a complete disregard of the right of the parent or guardian. Here we have young people unprotected.

That is not true either.

It says: "or where there is no trade union such persons as are in the opinion of the Minister, representative of the employees".

Would the Deputy come to the amendment before the House?

These people are relying completely on this House for protection. We are not giving them that protection. This is a step into the dim and distant past.

The Deputy is doing a jig through the Bill at the moment.

The Minister does not believe what is in the Bill.

We are on the amendment.

This Bill should be known as the Exploitation of Young Persons Bill. This is possibly the worst measure that has gone through the House since I came in, and there were some bad ones.

The Deputy must not be repetitive.

(Interruptions.)

We shall see whether the Fine Gael Deputies who are now laughing at the young people who will be working eight hours a day under 16 years of age will now trample on those people in the division lobbies.

Question put.
The Dáil divided: Tá, 64; Níl, 58.

  • Allen, Lorcan.
  • Andrews, David.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Breslin, Cormac.
  • Briscoe, Ben.
  • Brosnan, Seán.
  • Browne, Seán.
  • Brugha, Ruairí.
  • Burke, Raphael P.
  • Callanan, John.
  • Calleary, Seán.
  • Carter, Frank.
  • Colley, George.
  • Connolly, Gerard.
  • Crinion, Brendan.
  • Cronin, Jerry.
  • Crowley, Flor.
  • Cunningham, Liam.
  • Davern, Noel.
  • Dowling, Joe.
  • de Valera, Vivion.
  • Fahey, Jackie.
  • Faulkner, Pádraig.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom (Dublin Central).
  • French, Seán.
  • Gallagher, Denis.
  • Geoghegan-Quinn, Máire.
  • Gibbons, Hugh.
  • Gogan, Richard P.
  • Healy, Augustine A.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael P.
  • Lalor, Patrick J.
  • Lemass, Noel T.
  • Leonard, James.
  • Loughnane, William.
  • Lynch, Celia.
  • Lynch, Jack.
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Moore, Seán.
  • Murphy, Ciarán.
  • Noonan, Michael.
  • O'Connor, Timothy.
  • O'Kennedy, Michael.
  • O'Leary, John.
  • Power, Patrick.
  • Smith, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Walsh, Seán.
  • Wilson, John P.
  • Wyse, Pearse.

Níl

    Question declared carried.
    Amendment declared lost.
    Amendment No. 11, by leave, withdrawn.

    I move amendment No. 12:

    In page 7, between lines 30 and 31, to insert the following subsection:

    "(2) A young person shall be entitled to eight hours in a week, during normal working hours, to attend vocational training or other educational courses without prejudicially affecting the contract of service under which the young person is employed."

    Section 10 provides:

    Any time spent with the consent of his employer by a young person in vocational training during normal working hours shall be deemed to be hours worked by him for the purposes of section 7 and 8 of this Act.

    We do not regard this provision as broad enough and our amendment proposes that a young person shall be entitled to eight hours in any normal working week for the purpose of attending vocational training or other courses of study. The Minister promised us on Committee Stage that he would look at the situation again. Is the Minister satisfied the young person is fully protected? We were not satisfied with the Minister's explanation on the last occasion and, having considered the situation, will he now give us his views and we can then decide whether or not to pursue the amendment?

    We are concerned to ensure that young persons are given an opportunity of educational training. I appreciate the difficulties but I still believe proper provision must be made in any legislation designed to protect young persons in their employment; adequate education must be provided for these young people.

    I believe Deputy Dowling's amendment should be accepted. If it is not, section 10 will be discriminatory because it will discriminate against the boy or girl who has not had enough educational training. Deputy Dowling's amendment would ensure a fair approach.

    On Committee Stage, I referred to certain instruments adopted by the annual conference of the ILO, to which we are affiliated, namely, Conventions 140 and 148 and the recommendations dealing with educational relief and pay and leave granted for a specified period during working hours with adequate financial support. This is a very complicated matter. It is one requiring a great deal of preparation before these conventions and recommendations can be incorporated into legislation. It could be held to be outside the scope of this particular measure. There would have to be an assessment of our educational training systems in order to comply with these directives and some decision would have to be taken as to whether there could be integration with existing policies in relation to employment, education, training and hours of work as well as a decision about participation by public authorities and educational and training authorities in general. All these must be examined in detail by Departments other than mine and it would be impossible at this stage to indicate what our approach would be to these international instruments especially in a Bill of this kind. The matter will be before the ILO again this year and my Department together with other Departments will be examining what should be done in response to these conventions. We are in the same situation here as many neighbouring countries in considering what the approach should be in this area.

    I am concerned about the educational problems of young children and I have introduced an amendment which permits me to give a licence in respect of schemes combined with limited experience of education or training. I consider that schemes of combined work experience plus education or training hold out very interesting prospects. There is a problem and it was brought to my attention in the consultations I had with youth organisations, especially in regard to children between the ages of 13 and 15 who have little interest in school. They are very often illiterate and they very often come from deprived backgrounds. I believe that their education could be advanced by schemes which combine work and educational experience. Under this legislation I can do that by licence. That is my response to the problem. On the general principle, however, what Deputy Dowling suggests would be a transition into a totally new approach too rapidly without the kind of adequate preparation that should take place. I suggest we must have that adequate preparation before we can consider such a step and therefore I reject Deputy Dowling's amendment.

    The Minister has again trotted out the question of some other organisation or body somewhere discussing the problem we are discussing and that our problem should wait until such time as somebody else has decided. It is only then we can be progressive in our approach. The Minister has stated he is conscious there is a problem, having consulted youth organisations and other groups. We are concerned that special conditions should apply to our people. It is quite another matter what the ILO do. We should be progressive enough to have legislation to deal with our problems.

    Why should our workers and our children have to wait until such time as somebody else makes the decision? The Minister indicated that decisions must be made by public authorities and that it is a complex issue but we heard all that before. We understood that the legislation in relation to children in employment, which would come out of this House, would be something wonderful but now we find it is very reactionary.

    The Minister is quoting legislation of the past. In relation to ILO conventions and decisions in 1936 when the Conditions of Employment Act was passed in this country it was far ahead of the standards demanded by the ILO. This legislation was brought in by the late Seán Lemass. Why can we not do the same in 1975? Why is it that the most vulnerable section of our society, the young people must wait until decisions are made in Europe and elsewhere and that it is only after a comprehensive examination of the situation that facilities can be granted to them? All through this Bill we are waiting for other people and their ideas. Surely we have ideas of our own? Surely our amendment is a practical one to deal with the problems in relation to vocational courses in existence in the country? Young workers have been victimised throughout this Bill. Surely we should be prepared to meet them in a realistic manner in relation to this amendment?

    We know there are pressures on the Minister in relation to the problems of young people who wish to pursue educational courses while they are employed. We are not concerned with legislation that will come in in 15 years' time. This legislation will project itself into the 1980s just as the legislation of 1936, which has not yet been amended in some cases, is projecting itself into the 1980s. Let us not dig into the past and quote the Acts of 1928, 1938 or 1948 because we want to back up our viewpoint when it is regressive. We should be progressive on this occasion.

    The Minister and youth organisations feel there is a problem. We want that problem solved now. We want people under 16 years of age protected. If we wait for Europeans and other people to decide what we should do it is a sorry state of affairs. We should have enough initiative to ensure that our people are protected. We should move forward ahead of the ILO. Why should we be impeded by something that will happen in the dim and distant future?

    The Minister has admitted that there is a problem. There should be no delay in looking after those young people because every delay means they are being victimised. The Minister has told us that this is a solid improvement by the Coalition Government, that this is their idea of social justice. However, they are prepared to allow the young people to suffer an injustice. They have not even got the assistance of a parent or guardian according to this Bill. The only person who can protect them, according to the Bill, is somebody the Minister sees is fit to protect them.

    The Minister is failing to meet his responsibility in regard to vocational training during normal working hours. Vocational training is nothing out of the ordinary in this country. Why can the Minister not accept this amendment or bring in a suitable amendment in the Seanad to meet the problems of our workers?

    I have section 16.

    This is not section 16. It is section 10 in relation to vocational training during normal working hours. Reasonable employers will give their employees time off to attend vocational courses because their knowledge will assist their employers. Why should we lag behind?

    The Deputy should not repeat himself.

    Is this the type of Bill which by force of numbers will be bulldozed through this House?

    We can only discuss the amendment, not the Bill.

    Let us discuss the amendment in absolute detail. There are many young people in employment aged 16 years and under who have nobody to protect them. We want a section embodied in this Bill which will give adequate protection to those people. The Minister has indicated he is not prepared to do this until some foreign group decide to present a situation to him which he will present to various public and local authorities and it is only at that stage those people will get protection. We want to ensure there is some constructive thought in this Bill in relation to the people we wish to support. Will the Minister give an assurance that he will look at this situation before the debate in the Seanad and if he feels we have presented a reasonable case that he will bring in an amendment?

    He is not with the Deputy.

    He will have to vote if he is not. We want to assist the Minister. We understand how he has been pressured into the position he is now in. Will he give us an undertaking that he is prepared to bring in an amendment in the Seanad to protect those young people? If he gives that assurance we can withdraw our amendment. He should disregard the ILO and the other groups. If he is not prepared to meet us on this we will have to see if the Government and the backbenchers are prepared to meet this challenge in the division lobbies. I ask the Minister to be reasonable. Is he prepared to have another look at the matter between now and when the Bill goes before the Seanad?

    The Deputy has asked me a question. We have provided in section 10 for day releases. I cited the ILO to show that no country has taken the path suggested by this amendment. It takes a great deal of preparation because it is a new area but in section 10 we have an agreement with the employers. As I have already indicated, in later sections we have licence to take in the area in which there is most trouble, namely, the 13- to 15-year old group, young people who have not shown an academic bent.

    Is the Minister saying he will not write it into the Bill?

    In consideration of these matters, I would ask the Deputy to realise that what he is proposing here is separate from the entire intention of the Bill. I suggest in the circumstances it would not be in accordance with the direction of the Bill to insist on incorporating this matter.

    That is not so. Section 10 deals with vocational training in normal working hours. The Minister has indicated that my amendment is completely outside the scope of the Bill but that is not the case. I withdrew it on Committee Stage on the assumption that the Minister would consider it. All the Minister has done is to say somebody else will consider it but that is not good enough.

    Does the Deputy wish to have his amendment put?

    Will the Minister give us an assurance that he will look at it before it goes to the Seanad?

    I will look at it but in honesty I must tell the Deputy I do not think I can agree with him.

    Does the Minister want to lag behind other Ministers? He should try to be ahead of them.

    Will the Minister give us an assurance that he will consider this matter before it goes to the Seanad?

    I can assure Deputies that I constantly consider every provision in a Bill.

    The Minister is aware of the weaknesses in section 10.

    Is Deputy Dowling withdrawing amendment No. 12?

    This is a most important matter. Will the Minister give an assurance that he will look at it and perhaps he might see his way to meet our requirements?

    I have told the Deputies I will consider every provision of this Bill.

    Will the Minister revise it before the Bill goes to the Seanad?

    Yes, if it is my opinion that it is necessary.

    Having regard to the Minister's present outlook I do not think he will do much about it but I will give him the benefit of the doubt.

    Before the amendment is withdrawn——

    Deputy Dowling has concluded on the amendment.

    Amendment, by leave, withdrawn.

    I move amendment No. 13:

    In page 7, line 32, to substitute "four" for "five".

    Section 11 states an employer shall not permit an employee to do any work for any period exceeding five hours in any day and we want to reduce the time to four hours. The people concerned are under 16 years and we should ensure that they are protected. It has been pointed out that it may take a person more than an hour to get to his place of work and adding this time to the working hours we consider it is too long for any young person. Deputy Moore raised this matter on Committee Stage but I think his amendment was withdrawn.

    The Minister promised he would take it on this Stage.

    Many people living on the perimeter of Dublin have to commute to their place of work and this adversely affects young people. Therefore, we would ask the Minister to reduce the period to four hours.

    It should be obvious that this is a reasonable amendment. We do not wish to divide the House on this issue but it is extremely important. When one considers young people have to travel for an hour to get to their place of employment and that they will have to work when they reach their work place it is obvious that five hours is too long a period for young people to wait for a break. They should have a rest period of 30 minutes. This amendment complies with normal practice on sites and in industry generally.

    I support what Deputy Dowling and Deputy Fitzgerald have said. Some years ago I worked for a large firm in Dublin; I started at 8 a.m. and worked until 12.30 when I had a break of one hour and worked until 5.30 p.m. and the conditions have improved since I was working. Is it not strange that an adult works shorter hours than a boy of 15 years? Adults have a break for one hour after four and a half hours and another break after a further three and a half hours but young boys are obliged to work for five hours without a break.

    This matter was brought to my notice by a group of women who were doing tremendous work on behalf of youth. The Minister promised he would seriously consider the amendment and I would ask him to accept it. We cannot ask young people to work for longer hours than adult workers who are protected by trade unions and legislation. All the argument this time suggests that the Minister should accept the amendment.

    In the instance given by Deputy Moore there would be no problem or conflict because presumably what was the practice in the industry would apply to the young people concerned and we are here referring to a statutory minimum. There should be no conflict between rest periods other than statutory periods. For example, in regard to traditional tea-breaks, the argument could be made that if we alter the five-hour working period, which is traditional——

    It is not five hours.

    It is 8 a.m. to 1 p.m. Whatever the local arrangements are would apply in cases of young people. Here we are simply stating statutory periods. It is a minimum standard. There could be variety in rest periods quite apart from these set down here. We must also consider that for the young people we are concerned with, throughout the year the maximum working week for those of more than 16 years is 43 hours and for those under 16 years it is 40 hours. We have laid down definite rest periods and we have the other things we have already gone into.

    My problem here has been whether allowing by statute what appears to be a traditional settlement would create anomalies with adult co-workers. However, the section does not debar the negotiation of a shorter work period. All we are doing is setting down the minimum standard and ensuring that there is as little disruption as possible of the pattern of rest periods, tea-breaks and so on, which would apply to adult workers generally. Our aim is to protect both categories of young workers and we are excluding children younger than 14. I undertook during Committee Stage, in response to Deputy Moore's advocacy, that I would examine the matter carefully. I have done so and though I do not mind meeting any Deputy's reasonable amendment, in this case I have no feeling of rejecting something reasonable.

    On the point made by Deputy Fitzgerald a few moments ago, the pattern is 8.30 a.m. to 1 p.m., 4½ hours. This would be disrupted if I imposed 3½ hours by statute. There would be an obvious conflict there. We have looked at this matter in a reasonable way. Our statutory provision here will not involve any conflict with local arrangements. Regretfully, I say to Deputy Moore, although I examined it carefully with my advisers, I do not see any point in accepting the amendment.

    Would the Minister drop subsection (1), which is ambiguous?

    The Minister has again endeavoured to whitewash the situation. He spoke about a 43-hour week. If it is taken on a monthly basis it is 47½ hours or 50 hours. The Minister talks about traditional breaks. We are not concerned with tradition. We want a Bill which will protect young people in the future. The Minister has adopted a slave-labour attitude which is to be deplored. A child of 16 is expected to keep abreast of the working day of an adult. Why should a young person not take a break at a time different from an adult? Let the employer make the arrangements.

    No group I have met made such a request.

    We should be able to make up our own minds here on this.

    I received no such request from youth groups, trade unions or anybody else.

    Deputy Moore has said he received representations from a responsible group. Having read the Bill they may have been frightened to go to the Minister. One would think he was a slave driver. He may be reacting to pressure from the right wing of Fine Gael. It seems that his period in Coalition has brought about a brainwashed condition. Will he assure us that he will give consideration to this at some time in the future?

    Amendment, by leave, withdrawn.

    I move amendment No. 14:

    In page 9, between lines 41 and 42, to insert the following new section:

    "(1) The Minister shall appoint an advisory council to monitor the enforcement of this Act and to advise him at regular intervals on the results of such monitoring.

    (2) The advisory council shall consist of representatives of employers, representatives of employees and representatives of other persons or organisations interested in the employment of young persons."

    This amendment is self-explanatory and it covers a very special problem. There is a variety of groups outside this House having an interest in young persons, youth councils and organisations of one type or another, who may be able to advise the Minister on certain trends. We feel it essential that the Minister would have some advisory group or council representative of the various sections having an interest in young persons available to him. Judging by the Bill, as it stands, the people who advised the Minister on its compilation are very much out of touch with the realities of the situation because they have victimised young people throughout the Bill.

    As bad as the Bill is, it will become law by force of numbers in this House. We want to ensure that some independent group will be able to advise the Minister and the Government if and when they stray from the right path. We realise there will be great difficulties experienced in the enforcement of this Bill.

    Earlier on we had a discussion in relation to the number of hours a young person could work. As I said, one would need a computer to keep a check on the children, on the hours they work. One would need a ministerial computer to keep abreast of the situation.

    Here we have a reasonable amendment. Bad as the Bill is with its slavish mentality percolating throughout, we would ask the Minister to have some group advise him other than those who advised him on this Bill, whether it was members of the Government or of his Department, of his own party, they were not very forward-looking and certainly they did an injustice to young people. We would hope that at some stage there would be somebody who would protect them in some way because this Bill does not afford them any element of protection whatsoever.

    I would ask the Minister to accept this amendment and ensure that whatever element of the Bill might be beneficial, at least it can be monitored and the Minister can be advised also as to when and where injustices are committed. The Minister and the House have done young people an injustice by force of numbers in the division lobbies through many aspects of the Bill. The people who think in terms of a Bill such as this are not the appropriate people to deal with or protect young workers because this Bill does not afford protection in any form.

    We discussed it on Committee Stage and now on Report Stage and we cannot find anywhere in the Bill any reasonable element. When we have tried to bring in reasonable amendments affording some protection the Minister ruled them out on the basis that we were too forward-thinking on this side of the House; We would have to wait until some situation developed in Europe or some foreigners had discussed it, before we could take a look at the situation.

    The last element of protection is the one we now seek. In many respects the Bill puts the young person on a par with the adult worker and, in that respect, we need the advice of an advisory council. Therefore, we ask the Minister to accept amendment No. 14, to ensure there will be somebody to protect young people.

    This is one of the best amendments put down on Report Stage. I feel sure the Minister, in his wisdom, will say: "I accept that for a number of very good reasons." First of all, this is comparatively new legislation covering a new field. It is legislation with certain good parts and with what I would regard as very bad parts indeed, with many areas where it must have been difficult for the Minister to reach agreement on the points specified.

    As I have said consistently on the amendments this evening, we would have been happier had the Minister been given more discretion in this Bill rather than specifying ages, hours of work and so on. I am sure the Minister will agree that all of us will learn —and particularly the Minister's Department and inspectorate—the various difficulties and problems that will arise from the enforcement of this Bill. I hasten to say there will be quite a number. We want to see the protection of young persons in employment, to stop their exploitation at all costs. We feel also there are many social reasons why young people should work at particular times, for example, there are social needs in particular areas in summer time. In effect this Bill may inhibit or prohibit some very useful employment satisfactory to both sides. For that reason I think it advisable for the Minister to appoint an advisory council, consisting of representatives of employers, employees and the youth organisations to monitor the enforcement of this Bill and so discover problem areas. They could report back to the Minister's Department for discussion with his officials. In that way, he would have involved the three vital sections concerned, the employers, the employees and the youth organisations.

    After all, the Government do proclaim that this is "open Government". We are endeavouring to help the Minister still further in availing of open Government by involving such a council in the operation of new legislation which will guide the Minister and his Department, whose advice will be available to all of us, letting us know about any pitfalls to be found in its operation for the benefit of any future legislation.

    Perhaps the Minister would include also on the proposed council some members of the task force set up by the Tánaiste to examine the problems of youth. I am sure the Minister will agree that this Bill will need a watchdog during the period of its operation. We do not have the time or facilities for so doing. We should afford such facilities to some of our citizens concerned about youth today. If the Minister would accept this amendment I would give him the names of some societies which prompted some of the amendments put down this evening. In keeping with the policy of the Government and of the Tánaiste in setting up that task force, the Minister should have such people represented on that council. It would repay both the Minister and the country if that were done.

    I have communicated to the National Youth Council, to the other youth bodies I have met and to the Congress of Trade Unions my intention of setting up an employment committee and an advisory employment group. I think the last place I mentioned that was in Wicklow on Saturday when I spoke to young people there at a careers seminar. But the concept I have is of a body having perhaps wider functions than those envisaged in Deputy Dowling's amendment. The role he proposes in his amendment for the advisory council may contain elements which would restrict certain powers available to our inspectorate under the Bill. The enforcement of this Bill will be the responsibility of this Department, acting under the directions set out in the legislation, in conjunction with the courts. There is the suggestion of monitoring this enforcement arm of the legislation which could be taken to imply some oversight with regard to those activities and, which I am advised, is unacceptable in the context of ministerial responsibility, of Ministers and law courts and the relationship between them.

    There is also the question that the amendment is rather vague about the actual representation to be granted to the bodies referred to. My concept of the body is somewhat wider than that envisaged by Deputy Dowling. Indeed, the groups with whom I have already discussed this idea—the trade unions and the youth organisations—were in agreement that we may require a body with functions that are slightly wider than the terms of this Bill, and which would cover perhaps a wider area.

    Anyway, in principle I am in favour of the establishment of such a body, but I am not convinced that it should be set up by statute. I think the constitution of such a body and its powers should be left for discussion with the interests involved. While I am very receptive to the idea of a youth advisory council on employment, I think it should have the flexibility characteristic of a non-statutory grouping. Of course, I shall be willing to supply such a body, when it is set up, with summary reports of the experiences of the Department in the enforcement area following the enactment of this legislation. Since I am concerned that such a body would be set up and that it should have a role slightly wider than that envisaged by the Deputy in the general area of youth and employment, I would ask him to withdraw the amendment.

    I have not intervened on this Bill, but the Minister's remarks stimulate me. Why not a statutory body? One of the purposes of this amendment is to get over what you might call the bureaucratic or red tape approach to this. It is all right for the Minister to talk about ministerial functions. Ministers have been shedding their functions, with orders and regulations, all around the place. Here is an area where representatives of the people who are most affected should be taken into account and taken into account statutorily.

    The Minister talked about inspectors and Departmental agencies. Far be it from me to run down the ministerial function or the Minister's Department. I appreciate the difference between the administration of Acts from the internal or managerial point of view and the external or public point of view. However, this amendment appears to me to be justified, as bringing into consultation the people most concerned. The Minister and his party will be very loud on this question of consultation of the interests concerned. The sincerity of the admission of that principle will be tested by whether that principle is given force or not. The plea that it is better for the Minister just to set up what he wants to set up and leave it out of the statute is tantamount to saying: leave all the power with the Minister and his inspectors, then a little window dressing can be done. That does not ring sincere. Here is a case where one can test out the sincerity of those who call for consultation of the interests involved, and here is an opportunity to give a real earnest of the sincerity of these protestations.

    I had a great deal of sympathy for the Minister when he used the words: "I am advised". Of course, the Minister is advised and very often very well advised, but I wonder does he realise that his function is to weigh advice and to weigh it against the other factors beyond the technical advice of his Department. He is not supposed to be a rubber stamp for the advice given to him, nor is it fair to his Department in relation to other Departments. I am not to be taken as casting any aspersions on anybody in the Minister's Department. We in this House have left too much of a burden upon the Department. It is the Minister's job to consider advice but he must make his own decisions and take all factors into account.

    Again, without any reflection. I would deal with the Minister's reference to inspectors and official inspection. I understand their difficulties. However, whether it is in the agricultural sector, the industrial sector or any other sector, anyone who has any experience will realise the limitations to the efficiency of a system of inspection and the need for something else to collaborate and moderate if it is not to give rise to delay and to friction.

    I can understand the Minister's approach, but I would like him to understand the approach on this side of the House, and even if he cannot do anything here in this House, I think that when it goes to another place the Minister should give very serious consideration to the points made by Deputy Dowling and Deputy Fitzgerald on this amendment.

    The Minister has indicated that the amendments are not broad enough to meet the situation as he sees it. We accept that. The ground has been fairly well covered by Deputy de Valera and Deputy Fitzgerald and there is no need for me to speak further. If the Minister is prepared to consider our viewpoints. then we shall be satisfied because another House will have an opportunity of discussing this matter. If the Minister is prepared to meet the situation, we shall withdraw the amendment.

    I can give a firm undertaking that such a body will be set up. There is a difficulty for me in the terms of reference here. My feeling at present is that it should not be set up statutorily but I shall consider that again. As regards the idea of its being established, there is no doubt.

    The Minister will consider the argument about it being statutory?

    Yes, I shall consider that.

    Amendment, by leave, withdrawn.

    I move amendment No. 15.

    In page 11, line 16, after "member" to insert "or by the parent or guardian of the employee".

    Again, there is complete disregard for the parent or guardian in relation to the prosecution of offences. The Bill provides that proceedings in respect of offences under this Act by an employee may be brought and prosecuted by the Minister or by the trade union of which the employee is a member. The right to bring forward a case should not be solely that of the trade union or the Minister. The parent or guardian has a right in this respect. I would ask the Minister to accept this reasonable amendment so that the sole right of prosecution will not be with the Minister or the trade union of which the employee is a member. In my view, the Minister should accept that this is a very reasonable amendment.

    As things are, the parent may report the matter to the inspectors of my Department. In a practical way they are prosecuting when they take on this task for their children. The inspector has the right under section 16 to send for records and all necessary material from the employer. If a young person does not wish to approach a trade union, his parents may complain to my Department. It is true that the guardian's name is not spelled out in the section, although I maintain that the parent has the effective field of action of bringing in the enforcing authority if the child has been a victim of some of the conditions referred to in this legislation and clauses have been infringed. I cannot concede where parents would wish in these circumstances to take such action when the inspectorate, on their request, can take the necessary action. There is the further difficulty that the parent would not be empowered under our legislation to see the documents that the inspector could——

    Can they refuse to take action at the parents' request?

    Obviously if the inspector, having sent for the books, finds there is no case he could refuse to take action. Of course, it is always open for me to make a decision that there is a case for prosecution even when the inspector thinks there is not. But that would be a very unlikely eventuality. I do not know if the Deputy is convinced by this argument. It convinces me.

    As I have said throughout this debate, I do not hold strictly to the idea that legislation should be the total property of Government. When amendments with merit come before me I accept them and give credit to the party which suggested them. I put the case that there is ample scope for the parents here. If the Opposition are still unconvinced by this argument I am prepared to accept their amendment, although I do not see the point of it. Do you insist?

    Yes, in our view it is desirable.

    Then I accept.

    Amendment agreed to.

    I move amendment No. 16:

    In page 12, lines 49 and 53, after "section 3" to insert "4 (4),".

    Amendment agreed to.
    Bill, as amended, received for final consideration.
    Question : "That the Bill do now pass", put and agreed to.
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