Vol. 493 No. 4
62 Mr. N. Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on progress in relation to introducing controls on Sunday trading; if these controls are planned; if the practice which has developed is in line with our EU partners; the estimated number of employees and stores trading on an average Sunday; and if she will make a statement on the matter. [16576/98]
The Shops (Hours of Trading) Act, 1938, governs the opening hours of retail establishments. The Act provides for a ban on Sunday trading for most shops but gives the Minister power, by order, to add to the list of exempted businesses or to exempt specified regions from the provisions of the Act. An order made later that year exempted the entire country from the provisions of the Act and effectively removed all restrictions on Sunday trading. This remains the position.
It has been suggested that concerns expressed about the growth of Sunday trading in recent years might be addressed by reintroducing controls under the 1938 Act. However, legal advice was obtained to the effect that distinctions between shops for the purposes of Sunday trading on the basis of type or size would be vulnerable to constitutional challenge. For this reason the view was taken to include certain provisions in the Organisation of Working Time Act, 1997, to deal with any difficulties arising from the increase in Sunday trading as a conditions of employment issue. This Act implemented the EU working time directive.
In this respect I have facilitated, since early this year, a discussion process between IBEC and trade union interests, including the unions primarily involved, SIPTU and MANDATE, under an agreed independent chairman, in order to resolve this issue on the basis of a common and voluntary approach. I have received the report of the independent chairman and have requested the Labour Relations Commission, pursuant to Section 35(2) of the Organisation of Working Time Act, 1997, to prepare a code of practice on Sunday working in the retail trade. I am confident that this proposed code will provide a satisfactory basis for the development of future Sunday working arrangements that will be to the mutual advantage of employers and employees.
