Dáil Éireann debate -
Wednesday, 22 Nov 2000

Vol. 526 No. 4

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

Breeda Moynihan-Cronin

Question:

83 Mrs. B. Moynihan-Cronin asked the Tánaiste and Minister for Enterprise, Trade and Employment the proposals she has for amendments to the Protection of Young Persons (Employment) Act, 1996; and if she will make a statement on the matter. [26555/00]

Gay Mitchell

Question:

129 Mr. G. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself with the level of enforcement of the Protection of Young Persons (Employment) Act, 1996; and if she will make a statement on the matter. [26730/00]

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

I propose to take Questions Nos. 83 and 129 together.

I have no proposals at present to amend the Protection of Young Persons (Employment) Act, 1996.

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 18 inspectors, two of whom are job-sharing. As well as the Protection of Young Persons (Employment) Act, 1996, 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.

As regards the 1996 Act, 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. The basic hours of work for inspectors are from 9.15 a.m. to 5.30 p.m. Inspections generally take place during normal office hours as the majority of employers carry on business during these hours. However, my inspectors do not restrict their activities to this time-frame and regularly undertake late night inspection work.

I am satisfied that the methodology adopted in relation to inspection work in relation to the Act is reasonable and that inspections are organised and targeted in a way that makes most efficient use of the enforcement resources available to me. The latest statistics available to me indicate that a total of 2,342 inspections under the Protection of Young Persons (Employment) Act, 1996 have been undertaken this year. Of these, 627 inspections were undertaken as night-work.

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.

Nevertheless, there are occasions when pros ecution becomes necessary. During the period 1 October 1999 to 17 November 2000 the number of cases of infringement of the Act involving referral to the Chief State Solicitor's office for legal action against offending employers was 19. Court hearings, during the period in question, of prosecution actions taken by my Department in respect of offences under the Act numbered five, all of which resulted in the conviction of the employers involved.

In conclusion, I would point out that while there is a legal obligation on employers to see that the law is upheld in this area, there is also a moral responsibility on parents to ensure that the objectives of the Act – in regard to both the protection of the education and health of children and young persons – are not frustrated. As previously stated on a number of occasions, I would urge parents and teachers who are aware of any breaches of the legislation to contact the employment rights section of my Department. Such reported breaches will be dealt with expediently and every effort will be made by the officials of my Department to eradicate non-compliance with the 1996 Act.