I move amendment No. 5 (a), as follows:—
In sub-section (2), after paragraph (c), to add a new paragraph (d) as follows:—
(d) the employment of a child temporarily in such occupations and at such periods or times as may be prescribed by the Minister in Regulations to be made under this Act.
I addressed myself at some length to this defect in the Bill on Second Reading. I do not know whether or not it is necessary for me to go over the whole of that argument again. The Seanad will observe that the sub-section reads:—
In addition to any other statutory prohibition of or statutory restriction on the employment of children, no person shall have in his employment any child who has not attained the age of fourteen years.
I know that this sub-section was debated in the other House and I know that the Minister's original draft was different from the text which we have now before us. I am of opinion that the consequences of trying to operate this sub-section could not have been fully adverted to by the Dáil or it would not have permitted the Bill to come to us in the form in which it has reached us. I do not want to be understood, nor do I want those who agree with me to be understood, as standing for a condition of things which will make it possible for children to be put into employment at an early age and deprived of the opportunities of suitable education. But if we do not stand for one extreme, we should not permit another extreme to be forced upon us. For the Oireachtas to put through a measure, which must be operated when it becomes law, in which it is stated that no person shall have in his employment a child who has not attained the age of 14 years is absurd.
I am concerned with conditions in rural Ireland. I am not pretending to speak for urban or municipal areas or, indeed, for the type of employment that might be described as industrial. I am not thinking, either, of conditions in which parents might seek to release their children from school at an earlier age than 14, so that they might go into employment of a permanent character even in rural Ireland. Children are absent from school, because the schools are closed, for about six weeks in the summer months and for a few weeks at Christmas and at Easter. What I want to secure is that I, and people like me, will not be breaking the law if we take into our employment during the holiday season children who had been attending school and who are competent to do work of a certain character on a farm. I want to be able to exercise the liberty of taking into my employment my neighbour's children, or other people's children, at a time when their labour may be of value to me and when they are not attending school because the school is closed. The Minister may say that I may be free to do that during the holiday season and will not be prosecuted if I take in boys to drop potatoes in the spring time or to help in the hay or cornfield in July or August. He may say that no sensible Guard would attempt to prosecute me for doing that. But my attitude is that I do not want to give power to the State, or to any authority here, to pursue me and make me feel that in some way or other I am breaking the law if I take children into my employment—children who, ordinarily, are attending school and are under the age of 14 years.
When the original Act was going through, it was recognised that in the rural districts there were periods in the year when children could be of value, and it was permissive to close schools so that parents might have the services of their children during those periods. The fact was recognised that children could be of use. Farmers understand quite well that there are all sorts of jobs on the land and around the farm yard which boys of from the ages of 10 to 13 can do quite well. These are difficult days when we ought to be able to have the services of everybody in their off-time. This is a section which we cannot permit to pass in its present form. I think it is foolish and stupid if I am to be put in the position that the children of my labourer, who lives on the edge of my farm, cannot go into my fields to drop potatoes during the Easter holiday period, when there is no school, and earn something for themselves by doing a day's work or a week's work, simply because we put a section like this into the Act.
I do not know whether there is any great necessity to argue this at length. I may, perhaps, be told by some people here that the children will be at work early enough, that many of them may have to go to work when they reach the age of 14, and that they ought not be put in the position of having to look for work for payment earlier than that age. The thing that is most essential for boys or girls who are attending a national school and will have to make their way in the world on the education they are receiving there is good physique and healthy bodies, with a facility to tackle whatever job may be given them to do. In my view, the training of boys and girls should begin in time. If it is, you can inculcate in them a spirit of industry, of tidiness and efficiency. The correct way of doing a job will become easy and natural to them. If you want to make good men and women of them, start them at an early age to do work of a physical character that is not beyond their strength. There is, therefore, every argument in favour of altering this section so that young people may be employed during periods in their school life when they are not compelled to attend school.
I think that what I am asking in the amendment is reasonable, and I would expect that the Minister would have no difficulty in framing regulations to meet the case which I am making. I feel it is essential that that should be done. Nobody who understands children, and the difficulties that are going to confront those who will have to live by the vigour of their bodies, could possibly support the section in its present form. In my opinion, the section imposes a definite handicap on children if they are to be restricted from taking up employment of a physical character before the age of 14. I hope the House will accept the amendment.