I move:
That Dáil Éireann approves the following Order in draft:—
Protection of Young Persons (Employment) (Section 4) Order, 1980,
a copy of which Order in draft was laid before Dáil Éireann on 21 May, 1980.
The purpose of this motion is to seek the approval of the House for a draft order to continue in force for a further period of 12 months from 4 July 1980, subsection (3) of section 4 of the Protection of Young Persons (Employment) Act, 1977.
The Act provides that this section was to remain in force for two years only from the date of commencement of the Act unless continued in force by an affirmative order. The two-year time limit expired on 4 July 1979 and last year, with the approval of the Dáil and Seanad, I made an order extending the section for 12 months from that date. Since then, a full-scale review of the Act, with a view to its amendment, has been taking place in my Department. It would not be possible, however, to complete the review before expiry of the existing order in July 1980. I am satisfied that the status quo should be maintained until the Houses of the Oireachtas have an opportunity to consider possible amendments of the Act. Accordingly, I am seeking approval of the draft order which would continue section 4 (3) in force until July 1981.
The position under the 1977 Act is that there is a general prohibition on the employment of children under the school leaving age which is at present 15 years. However, the effect of subsections (2), (3) and (4) of section 4 is to permit children under 15, but over 14 years of age to be employed in light nonindustrial work for limited periods outside school hours, provided that the work is not harmful to their health or normal development or that it does not affect their capacity to benefit from school.
Other provisions of the Act imposes obligations on employers in regard to the employment of young people, including those between 14 and 15 years of age. Before employing a young person, an employer must require the production of a birth certificate or other satisfactory evidence of age. The written permission of a parent or guardian must also be obtained. An employer must maintain a register or other satisfactory record showing, in regard to young persons, the name, date of birth, times of starting and finishing work each day, the rate and the total amount of wages paid. The employer is also required to display an approved Abstract of the Act at the principal entrances to the place of employment in such a way that it may easily be read by the employees.
There is no disagreement about the obligation we all have to ensure that young people are given every opportunity to benefit fully from their attendance at school and that their education is not disrupted in any way. I can well understand the viewpoint of those who maintain that there should be a total ban on the employment of children under 15 years of age during school term and I accept that their concern is for the health, education and moral welfare of young people. However, the experience of my Department in the enforcement of the Act since it came into operation almost three years ago, has not revealed evidence of any significant degree of exploitation of children in employment during school term or at any other time. On the other hand, there is some evidence that the withdrawal of the right to engage in employment without the strict limits laid down in subsection (3) of section 4 of the Act could be contrary to the wishes of many parents who consider that a limited period of work outside school hours can be useful experience for young people in the process of deciding on careers.
While the intention, when the Act was being enacted, was that section 4 (3) would lapse after two years unless kept in force by affirmative order, the legal position, as now ascertained, appears to be that in the absence of section 4 (3), children under 15 years of age would be allowed to work during the school term but without the protection which section 4 (3) provides by way of limitation of their hours of work. For this reason, it is necessary to keep section 4 (3) in force.
As I have said already, the members of the Dáil and Seanad will have an opportunity to consider fully the future long-term position when the proposed amendment of the Act comes before the Oireachtas following the completion of the current review of the Act by my Department. Meanwhile, I would ask the Dáil to approve the making of an order to continue in force for a further 12 months from 4 July 1980, subsection (3) of section 4 of the Protection of Young Persons (Employment) Act, 1977.