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Seanad Éireann debate -
Thursday, 10 Apr 1930

Vol. 13 No. 18

Public Business. - International Labour Conventions.

I move:—

That Seanad Eireann approves of the following Conventions, copies of which were laid on the Table of the Seanad on the 12th day of March, 1930, namely:—

(a) concerning unemployment indemnity in case of loss or foundering of the ship;

(b) fixing the minimum age for the admission of young persons to employment as trimmers or stokers;

(c) concerning the compulsory medical examination of children and young persons employed at sea;

(d) concerning the simplification of the inspection of emigrants on board ship;

(e) concerning seamen's articles of agreement;

(f) concerning the repatriation of seamen;

and recommends the Executive Council to take the appropriate steps for their ratification.

I second.

Are we to debate this matter now?

Cathaoirleach

That is for you, Senator.

I see a page or two of notices on the Order Paper that have been put down by Senator Milroy——

Cathaoirleach

We are dealing with No. 3 on the Order Paper at the moment.

I thought that possibly the Minister would have generally introduced this motion; but it is well to say, I think, so far as one can speak from outside, that these Conventions have been adopted by representatives of Governments, ship-owners and employees in the shipping industry. I do not think that as far as we are concerned a great deal of new legislation will be required, but some new legislation will be required. The Merchant Shipping Act, under which we are working, would cover, I think, certainly the greater part of the Conventions that are referred to in this motion, but inasmuch as it was found necessary to enact new legislation in Great Britain amending the Merchant Shipping Act so as to comply with these Conventions, I take it that it will be necessary for the Oireachtas to amend the Merchant Shipping Act in these respects also, and I would like to have some information from the Minister as to how soon he is likely to be in a position to bring forward the necessary legislation.

One other particular aspect of this motion on which I would like information is in regard to paragraph (d), concerning the simplification of the inspection of emigrants on board ship, as to what the position is to-day, whether any new legislation is required to bring the law into conformity with this Convention, and whether the Minister has in mind the necessity for any new legislation, even beyond this Convention, in respect to the inspection of emigrant ships. As we know, there are no Irish ships taking emigrants; there are British and German ships; and the provision is that the emigrant inspector will be appointed by the shipowner and presumably will be of the nationality of the owner. Of course, it is provided in this Convention that some other person may assist in a subordinate position to the inspector of emigrants of any other country that is concerned, and I would like to have from the Minister some indication of the position to-day regarding the inspection of ships which carry Irish emigrants.

We are presented with a long list—a couple of pages —of motions by Senator Milroy, who proposes that we should straight away sanction all these on the same day. Some time ago we discussed at great length the appointment of a committee to investigate these matters, and there was a good deal of difference of opinion on it, but I think nothing shows more than this Order Paper how necessary such a committee is, although the proposal was opposed by Senator Milroy. Now he proposes to bring forward two pages of a series——

On a point of order. Are we not discussing No. 3 on the Order Paper?

Cathaoirleach

We are, but we must allow the Senator a little latitude.

All these things are to be swept through in one day without consideration of them. I do not want to go through all these questions——

Cathaoirleach

I would point out that these would rather stultify the appointment of a committee, because they have been before the Seanad for three or four weeks.

Even so, it is all the more necessary, as there is so much important matter to be gone through, that it should be examined by a committee.

Cathaoirleach

You will now deal with No. 3 on the Order Paper, having made that complaint. You have been dealing with Nos. 3, 4, 5, 6 and 7.

I am taking the whole two pages of them together.

Cathaoirleach

I would like you to deal with No. 3, please.

I have said practically all I wanted to say about this matter. I protest about this wholesale execution, this chopping off of all the heads of these things with one fell swoop.

I think that the Senator is labouring under a severe misapprehension in connection with this whole matter.

The Senator mixed up two different things. He referred to the proposal that was made to appoint a committee to examine orders made by Departments of the State under legislation, but we are not now considering orders made by any Department of the State.

We are considering much more important things.

This is so important that I am afraid the Senator does not understand it. Every member of the House was supplied some weeks ago with a printed document in which information was given with regard to the matters down for consideration by us to-day. What is proposed is that this country is to give legislative effect to agreements that were arrived at by representatives of the Governments, the employers and the workers of the civilised States of the world with a view to coming to a common understanding and a common agreement on these questions. If there is one thing about which there ought to be unanimity in this or in any other Parliament it is that it should support the efforts that are being made by this international tribunal to secure unanimity among nations with regard to social legislation. That is the principle that is embodied in every one of these items on the Order Paper, and it is all humbug for the Senator to say that all these things have been suddenly put before us and that we are to have the guillotine and an execution with regard to things we know nothing about, when if he took the trouble to read the document that was provided he would know everything about them.

I did not say we had no knowledge of them.

You said that all you knew about it was what you saw on the Paper to-day, and that is not correct.

Please do not misunderstand me. I did not say anything of the sort.

I think we should discuss the important principle that is involved, and there is an important principle in every one of these items. It is open to the members of this House to ratify these Conventions that were made by the representatives of the Governments, the employers and the workers of the civilised States of the world. We are asked to fall into line with other countries in ratifying these Conventions with a view to securing an amelioration in the conditions of working-class people. That is the angle from which we ought to approach them, and for that reason I think it is nonsense to compare these things with orders that are made by Departments of State. The principle is here, and we ought to consider it. I support the adoption of this motion.

I am sorry that I cannot agree with Senator Farren that our duty is to ratify without discussion or consideration the motions that have been put before us. I am also deeply grieved that Senator Farren has not understood Senator Moore——

It is very difficult to understand him.

—because it argues, not a want of intelligence in Senator Moore, but a want of appreciation on the part of Senator Farren. I was very much attracted by these motions, and I hope to receive from the Minister a full explanation of them. As you know, they are the first instalment of the harvest at Geneva.

The first as far as I know.

As far as you know. That is right.

As far as I know. Of course the Minister may have succeeded much further than in his modesty he is prepared to admit.

Nine of them have already been ratified.

I do not need information on this at all from Senator Johnson. When I do need information from him I will ask him for it. He occasionally supplies information, sometimes accurately, and sometimes perhaps not so accurately. These motions deal with two subjects of very great importance to this country, curiously enough. The first is the subject of seamen, and the second the question of emigrants. It is a curious fact that although we have no navy and no mercantile marine—we used to have the "Eblana," about which Senator O'Neill knows something——

I do not.

—and now we have the "Muirchu," or whatever it is.

And we have the "Shamrock."

I am sorry that Senators are so hilarious over what is really a tragic subject. We have no mercantile marine; we have the "Muracoo" or the "Muirchu," or whatever it is. That is the only ship we have, although there is one small company operating in Limerick or in Ballina. There was a company here—the City of Dublin Co.—which was wound up although it had a £1,000,000 to its credit, a most disgraceful thing.

So much for capitalistic ownership.

Although we have no shipping we have a great number of seamen. You do not need to travel very far on the seas of the world until you become acquainted with the fact that there are stewards and stewardesses of the Irish race on almost every ship belonging to every line on the ocean—men, women and boys—and, therefore, I say that it is a matter of vital importance for us that these Conventions, arrived at at Geneva with the aid of the Minister, should be implemented as quickly and as fully as possible, because that would be all to our advantage. At the same time perhaps the Minister would give us some explanation of the fact that we have no ships, and perhaps, after his experience in Geneva and in London, he would tell us the reason why. The shipping lines that we had before the Treaty have ceased to be Irish lines. Perhaps the Minister would give us some information of Article 9 of the Treaty—"The Ports of Great Britain and the Irish Free State shall be freely open to the ships of the other country on payment of the customary port and other dues." I am sometimes given credit for being able to construe in a general way certain propositions of law, certain sections and certain articles. For the last nine years I have tried to construe the full meaning of that Article 9, and it has failed me to construe it. This I do know, that after the Treaty was signed the head of the British Government said: "Whatever we have lost, in any case we have preserved the coastal trade of Ireland." So they have, but although we have no ships we have seamen all over the world, and, for that reason I am in favour of any Convention which will ameliorate the conditions of seamen. I understand that many of these Conventions have received Parliamentary sanction in various countries in Europe, and I understand also that they have received Parliamentary sanction in England, that the Merchant Shipping Act has been amended there so as to comply with these conditions. It makes very little difference whether we comply or not, because in my judgment—and on this I would be glad to have some information from the Minister—we are still under the Merchant Shipping Act of England.

There is another aspect of the motion to which I would like to call attention, that is, the question of emigrants dealt with in paragraph (d)—"concerning the simplification of the inspection of emigrants on board ship." I think that that is a very desirable Convention and that it ought to be implemented as soon as possible. Unfortunately we have many emigrants. I hope that the number will diminish year by year. I do not expect that it will diminish as the result of any activities of government, but I hope that the general trend of events will result in the number of emigrants from this country being reduced year by year. But so long as that number remains as large as it is, I am entirely in favour of simplifying every arrangement possible to assist our poor people who have to emigrate to other lands.

I did not see the importance of referring simple matters like this to a committee until Senator Comyn spoke, but then I began to see the necessity for it. Senator Moore cannot understand twenty-one pages of printed matter, generally compressed into sentences no longer than six lines each. No committee will ever assist him in that.

If the Minister would speak louder I could understand him.

I could not explain this any better than by simply reading that document, and I presume that the Senator can do that himself. The Senator thought that these Conventions should be sent to a committee to dissect them and to pass judgment on them. The Senator does not want them explained. On the point that Senator Johnson raised, legislation will be introduced round about the autumn. The actual legislation that is in force at the moment meets a considerable proportion of the regulations under the Conventions, but there are certain things definitely outside our legislation, and there is a new code of shipping laws in draft. It will probably have to be held up until, in accordance with the report on Dominion Legislation, which has just been presented to the Dáil, an attempt to secure uniformity on such matters on load line arrangements and technical matters like that is made. But either in the event of uniformity being secured, or if uniformity cannot be secured, legislation will be brought forward. The aim of this Convention is the simplification of the inspection of emigrants on board ship, and it arises by a very simple method set out in Article 2: "Each Member which ratifies this Convention undertakes to accept the principle that, save as hereinafter provided, the official inspection carried out on board an emigrant vessel for the protection of emigrants shall be undertaken by not more than one Government."

At the moment there is often an inspection, say, at Hamburg, an inspection at Cobh, and there might be an inspection on the French coast, and there is, of course, the ordinary inspection, not of the purely emigrant type, when a boat has reached America. There will be a certain simplification in future. Of course, the details of what will be attended to at that inspection will be established by the law of the country to which the particular emigrant belongs. I do not know if there is any point of difficulty in the mind of the Seanad as to the present inspection. All that I am told about it is that it is a trifle severe.

I was rather interested to hear that a Bill dealing with merchant shipping was under the consideration of the Minister's Department. What Senator Comyn said in regard to our mercantile marine is unfortunately true; it is practically non-existent; but I have some reason to hope that it will not be so very much longer, because steps are afoot to do something constructive, and I hope when the Minister has his Bill ready he will be good enough to give those of us interested in the matter an opportunity to confer with him as to details. He might fall foul of some of the details, and perhaps a conference would help us to avoid any impasse of that sort.

Perhaps the Minister would let us know if the Government is going to do anything with regard to the inspection of ships carrying emigrants in keeping with the Government's views on the matter.

The Convention allows that. Article 5 says:—

The official inspector shall ensure the observance of the rights which emigrants possess under the laws of the country whose flag the vessel flies, or such other law as is applicable, or under international agreements, or the terms of their contracts of transportation.

We can see either, under our own legislation or under an international agreement, that we have inspection. The emigrant trade from this country is a big thing, and people who are going to cater for that are more or less beholden to us and will have to take into account our ideas of inspection.

Motion put and agreed to.

I move:—

That Seanad Eireann approves of the following Conventions, copies of which were laid on the Table of the Seanad on the 12th day of March, 1930, namely:—

(a) concerning the marking of the weight on heavy packages transported by vessels;

(b) concerning the protection against accidents of workers employed in loading and unloading ships;

and recommends the Executive Council to take the appropriate steps for their ratification.

I second.

I would like to hear from the Minister what his proposals are regarding the period that must elapse between the ratifying of this Convention and the legislation which I presume will be necessary to amend the Factory Acts and the Workmen's Compensation Acts to implement these Conventions. It seems to me that in respect of (b) perhaps a considerable amount of new legislation will be required, particularly in regard to internal navigation and perhaps docks as distinct from ships. I may be wrong in that, but I rather think that some of the present conditions affecting workshops and boats do not comply very thoroughly with the Articles of this Convention, and I would like to have an assurance that the Minister proposes that there will be legislation in accord with the recommendations at an early stage, and that we shall not have to delay very long after ratification.

I hope any observations I make will be considered as intended to be helpful in regard to this motion. As regards the marking and weighing of heavy packages, I do not think we have much to say to that, but we have a good deal to say concerning the protection against accidents of workers employed in loading and unloading ships. I happen to know from my professional practice that the conditions of workers in various countries vary considerably. I know from a case in which I appeared before the Privy Council, long before the Treaty, that in New Zealand workers are treated rather badly, and that the maximum amount of compensation to which a person was entitled in those days was £250. The point I wish to make is this: a ship comes here and a workman who is employed on it may be injured. That workman gets compensation, amounting to 10/-, 15/- or 20/- a week. If the ship goes out of port, I want to suggest to the Minister the possibility that that workman may lose his compensation after two, three or four months.

On a point of order. I want to point out that the Senator is dealing with the wrong Convention. Convention No. 6 deals with the question of compensation.

Would my friend Senator Farren take a little vacation for a time from his self-imposed position of instructor to this House?

I rise to a point of order. Is it in order to discuss the matters dealt with in Convention 6 now when we are discussing Convention 4?

Cathaoirleach

It is not.

I am only putting certain suggestions to the Minister.

It does not arise on this.

I am discussing the protection of workers against accidents when employed in loading or unloading ships. There is the protection beforehand and the compensation afterwards.

Will the Senator refer me to the Article of the International Convention which deals with that matter?

I am talking about No. 4 (b).

Cathaoirleach

If we take a particular article at a time and deal with it, it would be better and the debate would then be more clear. There are 24 Articles, and if we discuss one at a time it would be better.

If the Chair rules that I was out of order in what I said upon this Article (b) concerning the protection of workers against accidents when employed in loading and unloading ships, I will not proceed.

Cathaoirleach

I will not say that you were. You are entitled to discuss the matter, but not to suggest altering the Convention.

I am not proposing to alter the Convention, but I am suggesting to the Minister the kind of legislation necessary for the protection of workers. I think I am entitled to do that.

Cathaoirleach

Very well; you may go on.

No; I will not go on.

It is unfortunate that this matter, which is of the utmost importance to working-class people, should be treated in such a way by the Seanad. I have more experience of the accidents which dockers meet with than Senator Comyn has in his profession, because I meet these men in my every-day life. As far as some of the ports in Ireland are concerned the danger to the docker is proportionately greater than in some of the ports I have seen on the Continent. Anything that goes to lessen the chances of these men meeting with accidents should have the full support of the Seanad. I can claim some association with this Convention. I attended meetings and conferences of the International Transport Federation regarding this Convention, and what is contained in it meets the claims of the Transport Workers' Federation to a very large extent. Consequently, as one who has had practical experience of dockers, I believe this ought to be adopted by this House, and endorsed by the Executive Council. Not only that, but they should see that the inspectors under the ports and docks regulations do their duty by seeing that the regulations are rigidly enforced, which, unfortunately, is not done at present. To adopt the Convention is not enough; supervision should be enforced and the ordinary docker safeguarded. I think there is no need to impress on an Assembly like this the necessity of this country putting itself in line with other countries. At least we should do that. I want to put it to the Minister that so far as his Department is concerned he should see that these regulations are carried out. I know that many men are maimed and their lives put in jeopardy every other day in the ordinary routine of their employment, whereas if there was proper inspection these things would not occur. Only recently a man was killed in Dublin through a rope being defective. Men are discharging steamers with gear that is dangerous to their lives. I want to impress on the Minister the importance of seeing that these regulations are properly carried out by his Department.

We are all in agreement with what Senator Foran has said about the necessity for carrying out the regulations. I sincerely trust that the precautions indicated in this Convention will be effective. This is a matter on which I have had some experience. I do not know of any class of employment that is so hideously dangerous as the loading and unloading of ships. I trust that not only will the regulations be carried out but that the workmen will be compelled to take reasonable precautions for their own safety and for the safety of their fellow-workers. A great many accidents in which employers are mulcted would then be avoided. It is quite right to stress that before accidents occur. There are two parties concerned, and in many cases the workers themselves are criminally negligent of their own safety.

I want to point out that we have not been opposing these Conventions at all. It seems as if Senators in the Labour Party are trying to make out that we are opposing them. When Senator Comyn was speaking he was told to sit down for making some observations.

A Senator

He was not told to sit down.

Senator Farren talked in exactly the same strain for a long time. It puts us in a rather awkward position. Anything we have said was not in opposition to any of these Conventions but merely as a matter of discussion.

There are two Conventions in this motion. One concerns the marking of heavy packages transported by vessels. The object of that is very simple—to put upon a consignor in an exporting country the duty of saying that packages above a certain gross weight are durably and plainly marked. We are going to accept that. There is no legislation at present in force to implement it, but we are going to have that legislation brought in. As far as the latest chart issued by the International Labour Office shows, we are the first country to accept this Convention. We are doing it as a measure of protection for our workers, because if other countries follow the lead—and it is quite evident they are going to follow it—then those countries that consign packages will be under the same obligations, and consequently there will be a better safeguard for the men. There is an immense amount of detail in the second Convention, but all the detailed information given deals with what Senator Foran spoke of—the protection of workers on board ships. We have legislation in the Factories and Workshops Acts to cover this, and regulations issued under these Acts, but it is rather difficult to say whether our powers are complete, whether under these Acts we can, by changing our regulations, ensure the remainder of what is stated here. We are going to do it by regulation first, and if we find anything outside the reach of these the Acts will have to be amended. As far as the compensation matter goes, that is a different question altogether. As Senator Foran knows. Article 17 states:

In order to ensure the due enforcement of any Regulations prescribed for the protection of the workers against accidents,

(1) the regulations shall clearly define the persons or bodies who are to be responsible for compliance with the respective regulations;

(2) provision shall be made for an efficient system of inspection and for penalties for breaches of the regulations.

We accept that in the full sense. We are going to have supervision and penalties, and to see, as far as we can, that the regulations will follow out the Convention.

Motion put and agreed to.

I move:—

That Seanad Eireann approves of the following Convention, a copy of which was laid on the Table of the Seanad on the 12th day of March, 1930, concerning the application of the weekly rest in industrial undertakings and recommends the Executive Council to take the appropriate steps for its ratification.

I second.

I think there is no question of interfering with the present practices involved in this ratification. I am not sure whether there is any law covering all undertakings. Perhaps the Minister would inform us if new legislation would be necessary.

We had some difficulty about bringing forward this Convention, because we were not quite sure whether the practice here with regard to industrial undertakings was in all details in line with what is proposed by the Convention. We had many discussions with members of the International Labour organisation, and they expressed the opinion that conditions here do fully meet the requirements of the Convention, except possibly in one regard—they did not say that; it is my opinion—that there is no general provision providing penalties for non-compliance, and it may be necessary to consider that. In practice there is twenty-four hours' rest in every period of seven days, and there is no great likelihood of any breach with regard to that. If there was any danger we would provide for non-compliance.

Does this apply to Russia?

Is this meant to apply to bus drivers, because to my knowledge there are bus drivers at present in the Free State employed continuously all the week without any period of rest? That is not alone an injustice to the men, but is a great danger to the public. These men will eventually break down. Several accidents have happened that could be reasonably traced back to the fact that the energies of these men were used up, no doubt by long periods of employment without rest. In the interests of the public and of the men themselves that is a matter that should be looked after by the Minister.

This is a Convention concerning the obligation of weekly rest in industrial undertakings. The article says:—

For the purpose of this Convention, the term "industrial undertakings" includes:—

(d) Transport of passengers or goods by road, rail, or inland waterway.

Will the Minister give that the fullest interpretation?

That might be one case where penalties for noncompliance would be necessary. If it is we will see about it.

Motion put and agreed to.

I move:—

That Seanad Eireann approves of the following Convention, a copy of which was laid on the Table of the Seanad on the 12th day of March, 1930, concerning equality of treatment for national and foreign workers as regards workmen's compensation for accidents, and recommends the Executive Council to take the appropriate steps for its ratification.

I second.

I hope the Seanad will ratify this Convention, and I hope also that it will not be taken as wrong on my part to suggest that the Minister should take the lead in legislation necessary to implement this Convention. There are a number of foreign employers, such as contractors, in this country whose workmen meet with accidents. I happen to know of three cases in which workmen met with accidents and got compensation, but were unable to recover it for more than two or three months. The reason was this, that these contractors left the country—some of them were Scotchmen and some of them were Englishmen—and the awards of the Circuit Court Judge were not enforceable in either England or Scotland. I know three cases of that kind. They were rather small cases, but in all these cases the workmen sustained considerable hardship. My suggestion to the Minister is that in implementing this Convention he should secure that any foreign contractors employing workmen here should insure them in some Irish office, and he should give the workmen the right to enforce their claims against insurance companies.

I think that must be a very serious matter. It must have occurred in a great number of cases. I know three cases in my own experience where it did occur. They were cases of great hardship, and I am only suggesting to the Minister that in implementing this Convention he should see these people insure and that the insurance companies be made liable.

This Convention only declares that there shall be equality of treatment for national and foreign workers regarding workmen's compensation. As far as the principle of equality of treatment is concerned the Workmen's Compensation Acts at present in force in the country secures that. In so far as actual equality of payment of a compensation share to a person who changes his domicile is concerned, that is a different matter. That question will be eased by this Convention if it is passed by a considerable number of nations. In so far as we are concerned, that point will be attended to in the workmen's compensation legislation which is at present in draft. It ought to be brought before the Oireachtas in June, and certainly, I think, not later than the autumn. What Senator Comyn spoke about is a different matter altogether—the reciprocal enforcement of judgments. On that matter this Convention is silent. The points on which the Senator touched were not dealt with by the Convention at all, except incidentally, that Article 4 did say that the members ratifying this Convention undertook to afford each other mutual assistance to facilitate the application of the Convention, while Article 2 says that special agreement may be made between members to provide compensation under certain Conventions.

Motion put and agreed to.

I move motion No. 7:—

That Seanad Eireann approves of the following Convention, a copy of which was laid on the Table of the Seanad on the 12th day of March, 1930, concerning the creation of minimum wage-fixing machinery, and recommends the Executive Council to take the appropriate steps for its ratification.

I would like to know from the Minister if this proposed Convention has reference to the fixation of minimum rates for agricultural workers, and whether he is asking the House to approve of the Conventions in that respect.

If Senator O'Hanlon would read Article 1 of the Convention he would find the following: "For the purpose of this Convention the term ‘trades' includes manufacture and commerce." I do not think it has ever been suggested that the Convention will include agricultural labourers, and that it is quite clearly understood that this Convention does not include agricultural labourers.

The legislation on which we rely is the Trade Boards Acts, 1909-18. Under these we have inspection by industrial inspectors as to how far the minimum wages fixed are, in fact, being paid. That arrangement fulfils the requirements of the Convention, and ratifying it will not mean any new legislation or any extension of existing legislation.

Motion put and agreed to.
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