Written Answers. - Protection of Young Persons (Employment) Act.
Róisín Shortall
Question:
57
Ms Shortall
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to the widespread flouting of the Protection of Young Persons (Employment) Act, 1996; the number of inspectors responsible for enforcing the Act; the number of prosecutions taken to date in 1999; the hours which the inspectors work; and if she will make a statement on the matter.
[17166/99]
The Protection of Young Persons (Employment) Act, 1996, is administered by the employment rights division of my Department and is enforced by the labour inspectorate within that division. The inspectorate is comprised of 11 inspectors, two of whom are job-sharing. Their basic hours of work are from 9.15 a.m. to 5.30 p.m. As well as the Protection of Young Persons (Employment) Act, the labour inspectorate of my Department is responsible for the enforcement of worker rights set down in a variety of labour legislation and of statutory minimum rates of pay and conditions of employment of workers employed in sectors covered by employment regulation orders and registered employment agreements.
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. It is possible to identify most breaches of the Act by close examination of these records and to take necessary action to have the position regularised.
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. There have been no prosecutions taken to date in 1999. In 1998, a total of 872 inspections were carried out under the Act. These inspections revealed non-compliance in 44 instances. In 1998, the employment rights section received 60 complaints.
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. A comprehensive, six month long, enforcement campaign commenced by the labour inspectorate in April and focusing on the catering sector nationwide is continuing. 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.
I welcome the recent submission by the protection of young persons monitoring group, which contains certain measures designed to improve the enforcement of the legislation and the operation of the Act generally. I am at present examining these.
I accept that the labour inspectorate is under resourced at present. However, plans to upgrade and strengthen my Department's labour enforcement staff are well advanced. I am hopeful that their present numbers can be significantly expanded in the not too distant future in the context of the new and expanded responsibilities foreseen for them (in the context of enforcement of the national minimum wage). I am also looking at possibilities for my inspectorate to engage in nightwork as a regular feature of their operations. Inspections of working times regularly take place with breaches being identified and pursued on the basis of the employment and payroll records maintained.
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.
