Vol. 518 No. 5
11 Mr. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has to improve the monitoring and enforcement of the Protection of Young People (Employment) Act, 1996, in view of the findings of the recent child labour study undertaken by the Irish Congress of Trade Unions suggesting that the Act was being widely flouted; and if she will make a statement on the matter. [11936/00]
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. It sets minimum age limits for the employment of children, namely, those under the age of 16, and young persons, 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 must keep specified records of their workers who are under 18.
Responsibility for the enforcement of the Act rests with the labour inspectorate of my Department. I am satisfied that the inspectorate has been acting with all due diligence in its approach to such enforcement. In 1999, a total of 1,114 inspections for conformity with the Act were carried out, arising from which 14 cases of non-compliance have been identified for referral to the Chief State Solicitor's office for prosecution of the offending employers concerned. I am, however, conscious of ongoing concerns expressed by various interested groups about breaches of the Act and I am especially mindful of the role played by ICTU in drawing attention to the exploitative practices used by less scrupulous employers against young persons in the workplace.
While all reasonable measures have been taken by the inspectorate to enforce the 1996 Act with a view to safeguarding the rights/protections of young persons, I am keen that all avenues open to my officials to improve and strengthen the enforcement function are availed of. In this connection I am happy to say that an intensified and targeted enforcement effort will be made in the period immediately ahead through the appropriate deployment of the ten established labour inspectors and seven new additional inspectors who have become available to me earlier this month.
Out of normal office hours inspection activity is now a regular feature of the working conditions of the labour inspectors. Accordingly, the year 2000 business plan of the labour inspectorate provides specifically for some night work to be carried out to address the alleged incidence of late night working by young persons and other forms of exploitation used against them by employers. Plans to implement this work are being finalised at present.
As to the monitoring of the operation of the Act, I would point out that a special group which I established for this purpose has presented me with a submission containing ideas and advice for an enhanced enforcement and operation of the Act. Aspects of this submission are at present being assessed as to their legal propriety.
Does the Minister of State agree that there is no point in having legislation on the Statute Book if it is not enforced? Did I mishear him when he said he has one inspector looking after this area? With regard to late night working, does he recall the recent revelation that inspectors, if they are plural, go home at 5 p.m.? There is not much point in having legislation which provides against children working late at night during the school term if the inspectors go home at 5 p.m.
There are 17 inspectors, all of whom are involved in this work and that regarding the minimum wage. We discussed this issue previously and discussions took place with relevant unions. The inspectors can now work out of normal office hours which, effectively, is at night. There have been many complaints from teachers, parents and unions and we need more activity and more inspections. If parents, teachers and others are aware of specific cases, they should be inspected at night.
What are the terms of employment for the seven new inspectors? Have they all been employed on the basis that they will have to work at night and work shift hours? Are the 17 inspectors who were eulogised as looking after the minimum wage the same inspectors who look after this legislation, JLCs, the construction industry and health and safety? Will the Minister of State take on board the suggestion I made to the Minister that a new advertising campaign about part-time workers and the minimum wage should also include information on the employment rights of young persons? There is a real opportunity for the exploitation of young people and teachers speak of pupils falling asleep at their desks.
As a former teacher I have much contact with the teaching profession and I am conscious of their concerns and those of their unions. I share the Deputy's concerns about this issue. The inspectors are the same 17 who ensure that the minimum wage legislation is being implemented. However, we must consider the practicalities of the situation. By going to the workplace it is possible to check if Acts are being implemented. I do not see a major problem there. The new arrangements are to allow for night inspections.
So they were all hired knowing they had to do that.
Yes, there are new arrangements now in place to allow for night inspection by the inspectors as a whole. I presume, as in any situation, agreements are made about who does what. However, the new regime for night inspection is in place.
The final point was in regard to advertising. I am happy to consider the Deputy's suggestions on this. I will address this in the context of the recommendations made by the monitoring group.
Does the Minister have a view on the Congress survey that showed half of leaving certificate students are engaged in part-time work, with male students working as much as 20 hours per week and females working 16 hours per week on average? Is there not an argument that that is injurious to their educational performance?
Will the Minister consider meeting the representative bodies of the hoteliers, vintners and grocery retailers to discuss the issue of youth labour? Deputy Owen raised the issue of a promotional pack which could be displayed in retail premises and would state the terms of employment, ages, amounts of hours worked and so on. There is no information available on this.
I share Deputy Rabbitte's concerns. There was some very disturbing information in that survey, which was very well conducted. It involved ICTU, ASTI and TUI and was conducted by a highly reputable research firm. Of the 614 students surveyed, 60% had been or were currently working during school term time. There are some very significant and disturbing aspects to that report which we are pursuing.
The organisations mentioned by Deputy Perry, such as hoteliers, vintners and the retail sector, are clearly very important in regard to young people.
That is where the problem is.
I agree we should try to involve those sectors as best we can in the publicity campaign.
