Dáil Éireann debate -
Tuesday, 16 Feb 1999

Vol. 500 No. 4

Written Answers. - Protection of Young Persons (Employment) Act.

Róisín Shortall

Question:

56 Ms Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the procedures in place to monitor compliance with the Protection of Young Persons (Employment ) Act, 1996, particularly with regard to the restrictions on young people working after certain hours; the number of inspections of premises made by her Department after 10 p.m. since the Act came into operation; if her attention has been drawn to the serious concerns of many school principals regarding the continued impact of school children working late hours; and if she will make a statement on the matter. [4153/99]

David Stanton

Question:

75 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures, if any, put in place by her Department to ensure that the Protection of Young Persons (Employment) Act, 1996, in enforced; the number of inspections undertaken in the past twelve months; the number of actions, if any, taken as a result of these inspections; and if she will make a statement on the matter. [4258/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

I propose to take Questions Nos. 56 and 75 together.

The Protection of Young Persons (Employment) Act, 1996, came into operation on 2 January 1997. The Act is designed to protect the health of young workers and to ensure that work during the school years does not put a young person's education at risk. The Act sets limits for the employment of "children" i.e. persons under the age of 16 and "young persons" i.e. 16 and 17 year olds. It also sets rest intervals and maximum working hours, and prohibits the employment of under 18s on late night work. Employers who employ young people under 18 years of age must keep specified records of such workers, must display a summary of the Act and must also give a summary of the Act to the employee.

Breaches of the Act come to the attention of my Department either by way of complaint by an individual employee or other concerned person or by routine inspections carried out by my Department's labour inspectorate. In 1998, a total of 872 inspections were carried out under the young persons legislation. These inspections revealed non-compliance in 44 instances. The Employment Rights Section of my Department follow up the employers concerned regarding the breaches found and further inspections are arrranged on an ongoing basis to ensure compliance with the Act.

No inspections under the Protection of Young Persons (Employment) Act have been conducted at times later than 10 p.m. In the normal course, inspectors conduct their enforcement work during regular office hours. In the course of these inspections, the inspectors check the records of employers to establish their compliance with the requirements of the Protection of Young Persons (Employment) Act. Proceedings for breach of the provisions of the Act may be taken by the Minister for Enterprise, Trade and Employment or by the employee's parent, guardian or trade union, within 12 months of the alleged breach. The parent or guardian of a child or young person may also refer certain breaches of the Act to the Rights Commissioner.

At my initiative, a Monitoring Group – comprised of representatives of IBEC, ICTU, the National Youth Council, the Children's Rights Alliance and the Department was – established in 1997 to appraise the effectiveness of the legislation and to monitor its enforcement. The terms of reference of the group which meets from time to time are to review the operation of the Act and to advise on how the Act might be better implemented. Following a suggestion by the group that the provisions of the legislation be better publicised, my officials, as a specific initiative, recently contacted publicans in the Dublin area to remind them of their responsibilities as regards the employment of young people.

I am aware of the recent reports in the media regarding school going students working beyond the permitted hours and I would urge parents and teachers who are aware of any breaches of the legislation to contact the employment rights section of my Department. I should point out, however, that while there is a legal obligation on employers to see that the legislation in this area is upheld, there is also a responsibility on the parents of young people to ensure that the law is respected.