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Dáil Éireann debate -
Wednesday, 24 Mar 1999

Vol. 502 No. 4

Written Answers. - Young Persons' Employment.

David Stanton

Question:

102 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Questions Nos. 56 and 75 of 16 February 1999 the reason no inspections under the Protection of Young Persons (Employment) Act, 1996, had been conducted at times later than 10 p.m.; the plans, if any, she has to alter this practice; and if she will make a statement on the matter. [8610/99]

In my earlier replies I detailed the requirements imposed on employers by the Protection of Young Persons Act, 1996, and how the Act seeks to protect the welfare of children, persons under 16 years of age, and young persons, 17 and 18 year olds. The Act seeks to protect the welfare of young persons in the workplace by requiring employers to keep wages and employment records detailing the hours of work of any such young persons, rest intervals, etc. The Act also lays down specific limits as to the hours that can be worked by young persons and prohibits the employment of persons under 18 in late night work.

The Act is administered by the employment rights division of my Department and is enforced by the labour inspectorate within that division. Inspections of employers' records are carried out based on complaints received about specific breaches of the Act and as a matter of routine. Breaches of the Act can be detected by close examination of these records. Inspections take place during normal office hours as the majority of employers carry on business during these hours. Enforcement experience has shown that the majority of employers found to be in breach of the Act are willing to adjust their practices to conform with the legal requirements. To ensure that corrective measures are taken by employers in such instances and that further breaches do not occur, a follow-up inspection is usually carried out after a suitable lapse of time.
I am satisfied that the methodology adopted in relation to inspection work in relation to the Protection of Young Persons Act, 1996, is reasonable and that inspections are organised and targeted in a way that makes most efficient use of the enforcement resources available to me.
In 1997, for example, a targeted campaign was carried out in licensed premises in the Dublin area and in 1998 a similar campaign was carried out in fast food outlets nationwide. From January to the beginning of March of this year an intensive information campaign was carried out in the footwear-drapery and retail grocery sectors. In all some 4,139 premises were inspected for compliance with the Protection of Young Persons Act in the course of these campaigns. The labour inspectors are due to start in April a further comprehensive, six month long, enforcement campaign, focusing on the catering sector nationwide. It is expected that 1,000 cross-legislation inspections will be carried out in the course of this campaign, particular attention being paid to compliance with the Protection of Young Persons Act, 1996.
In the circumstances, I am satisfied that all reasonable measures are being taken to enforce the 1996 Act with a view to safeguarding the rights of young persons in the workplace. I am conscious of the concerns expressed by various groups in relation to the exploitation by less scrupulous employers of young persons and would urge anyone with information in relation to breaches of the Act to notify the employment rights division of such breaches. I am confident that all such reported breaches will be dealt with expediently and that every effort will be made by the officials of my Department to eradicate non-compliance with this and indeed any other employment rights legislation.
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