I move:
That Dáil Éireann approves the following Order in draft:—
Protection of Young Persons (Prohibition on Employment of Children) Order, 1981
a copy of which Order in draft was laid before Dáil Éireann on 10th July, 1981.
The motion seeks the approval of Dáil Éireann for a draft order under section 4 (6), (b) of the Protection of Young Persons (Employment) Act, 1977, to prohibit the employment of children over 14 and under 15 years of age during school terms except second level students participating in work experience or other similar educational courses arranged or approved of by the Minister for Education.
The 1977 Act generally prohibits the employment of children, that is persons under 15 years. However, the Act provided for the employment of children over 14 and under 15 years for specified periods during school terms and also for specified periods during school holidays. When the Act was introduced in 1977 there was considerable debate on the issue of children working during school term. Those opposed to the employment of children during school term pointed to the fact that work for the under 15s could have a detrimental effect on their education. Those arguing for such employment pointed to the economic necessity of children to supplement family incomes and the need for those who will be leaving school at 15 to get to know the world of work.
The Act stipulates that children between 14 and 15 years of age can do light non-industrial work which should not be harmful to their health or moral development and must not prejudice their performance or attendance at school. The Act therefore in my view attempted to strike a balance between the two opposing viewpoints. On the one hand it outlawed the general employment of children between 14 and 15 on a full-time basis, yet allowed them to work limited hours if such work did not affect their development or education. The compromise eventually agreed was that the provisions which permitted children between 14 and 15 to work during school terms would lapse after two years unless the provisions were extended on an annual basis by affirmative order. Affirmative orders were made extending the life of the provisions in 1979 and in 1980. The provisions finally lapsed on 4 July 1981.
It is my view that children between 14 and 15 cannot work for up to two hours a day during school term without such work affecting their physical and mental development. For this reason I am proposing that such work for children between 14 and 15 be completely outlawed. While children are compulsorily attending school, I believe that everything possible must be done to ensure that they benefit to the greatest extent possible from such education.
I would point out that children will still be free to work for the periods specified in the Act during school holidays should they choose to do so. I believe the present order considerably improves the legislation. A further problem which remains to be tackled is the problem of enforcement of this legislation and I am at the moment examining ways in which this can be improved both administratively and by way of amending the original Act if necessary.
I also believe the terms of the legislation need once more to be brought to the attention of the public in general as almost everybody should in some way be affected by this legislation, especially young people, parents, employers, teachers, youth clubs and trade unions.
A campaign to bring the terms of the legislation to the attention of the public was mounted when the original legislation was passed and I believe the time is now ripe once more for such a campaign. Following a review of how enforcement of the legislation can be improved it would be my intention to undertake such a campaign. I commend the Order to the House.
