Richard Bruton
Question:24 Mr. R. Bruton asked the Minister for Enterprise and Employment the plans, if any, he has to introduce legislation to regulate Sunday trading; and if he will make a statement on the matter. [1881/94]
Ceisteanna—Questions. Oral Answers. - Sunday Trading.
Liz O'Donnell
Question:82 Ms O'Donnell asked the Minister for Enterprise and Employment when he will respond to proposals from the Mandate union on Sunday trading; and if he will make a statement on the matter. [2225/94]
Proinsias De Rossa
Question:89 Proinsias De Rossa asked the Minister for Enterprise and Employment the plans, if any, he has to regulate Sunday trading; the further plans, if any, he has to protect the interests of employees who may be pressurised to work on Sunday, as a result of Sunday trading; if he will ensure that any such work must be subject of the agreement of staff and paid at the proper level; and if he will make a statement on the matter. [2240/94]
Robert Molloy
Question:100 Mr. Molloy asked the Minister for Enterprise and Employment the plans, if any, he has to introduce legislation to control Sunday trading; and if he will make a statement on the matter. [2223/94]
I propose to take Questions Nos. 24, 82, 89 and 100 together. The Shops (Hours of Trading) Act, 1938 governs the opening hours of retail establishments. The Act provided for a ban on Sunday trading for most shops but gave the Minister power by order to add to the list of exempted businesses, or to exempt specified regions from the provisions of the Act. However, an order made later that year exempted the whole country from the provisions of the Act and effectively removed all restrictions on Sunday trading. This remains the position to the present time.
The 1938 Act was enacted for the primary purpose of the regulation of competition. Therefore, any justification for the reintroduction of the legislation to ban even limited types of Sunday trading would have to be based first and foremost on competition considerations. In the context of the increased incidence of Sunday trading, implementing the EU Directive on Working Time, I have arranged for an independent study to be undertaken on the question of working time and other related issues for shop workers, including levels and conditions of employment.
Does the Minister intend to put restrictions on the opening hours of shops on Sundays? Is she of the view that there should be no legal bar to large multiples opening every day of the week if they choose?
This is a very complex issue, not merely a question of "yes" or "no". To reach a balanced conclusion, I set up an independent study, which is being undertaken and I hope to have the results before Christmas.
Mandate represents in the main shop workers and I am sure many Members will have received correspondence from the union which has no objection to stores opening on Sunday provided (a) it is voluntary and not part of the rota of the working week and (b) that there is proper remuneration for it.
Will the Minister reconsider her study of the Mandate proposal as it makes the case that opening on Sunday would have a damaging effect on employment because it would put a number of smaller stores out of business? Will the Minister confirm the terms of reference of this study? Did the Minister say she could not alter the legislation except in regard to competition? Considerations such as working conditions therefore will not come into play.
I will be glad to tell the Deputy the terms of reference of the study. The IPC has been commissioned by the Department to carry out a study into the implications of the increased incidence of Sunday trading, in particular the implications for (a) the level of employment — that answers the point the Deputy made — (b) the conditions of employment, including hours of work in the relevant sectors; (c) the existing legislation on conditions of employment, hours of work and hours of trading and (d) existing EU directives now being transposed into national law and draft directives. To answer the Deputy directly, yes, that is part of the brief.