Seanad Éireann debate -
Wednesday, 2 May 1951

Vol. 39 No. 12

Agricultural Workers (Weekly Half-Holidays) Bill, 1950—Report and Fifth Stages.

Dr. O'Connell

I move amendment No. 1:—

"In page 2, tenth line of amendment No. 2 of amendments inserted in Committee and on Recommittal to add after the word "rate" the words "at which the worker is paid".

This amendment is put in for clarification. Senators will remember that on the last occasion we put in an amendment setting out under three separate paragraphs, (a), (b) and (c), the payment that will be made in respect of the half-holiday, in the case of the weekly rate, in the case of the yearly rate and then in any other case, paragraph (c) a sum not less than the equivalent of one-half of a day's wages at the ordinary rate. I expressed some doubt whether that was sufficiently clear or not. The matter was referred to the Parliamentary Draftsman again and he very kindly made a suggestion of inserting those few words that are in the amendment and which will help to make it as definite as it could be made. It is just a verbal amendment for the purpose of clarification. It now reads:—

"In any other case a sum not less than the equivalent of one half of a day's wages at the ordinary rate at which the worker is paid."

Amendment agreed to.

Dr. O'Connell

I move amendment No. 2:—

In page 2, first line of amendment No. 6 of amendments inserted in Committee and on Recommittal to delete the words "weekday in the week." and insert the following words: " day in the week (other than Sunday".

This amendment is put down in deference to that rather mysterious thing, the legal mind. I thought that Senator Orpen's amendment, which I accepted, was sufficiently clear. It would be to any ordinary person, but it appears that somebody discovered a ruling that a Sunday is also a weekday. I am informed that a ruling was given in our own courts to the effect that a week consists of seven days and a Sunday is one of those days. Therefore, Sunday is a weekday. To remove any possible doubt that might exist, this will now read: "The day in the week (other than Sunday) on which the half holiday is allowed."

Amendment agreed to.

Mr. Hawkins

I move amendment No. 3:—

In page 2, before Section 3 to insert a new section as follows:—

"( ) The power conferred on the Agricultural Wages Board by Section 17 of the Agricultural Wages Act, 1936 (No. 53 of 1936) to make orders fixing the minimum rates of wages shall extend to the making of orders fixing minimum rates of half-holiday remuneration and the provision of that Act relating to orders under that section shall apply accordingly."

I have examined the Agricultural Workers (Holidays) Bill, 1950, and I find that it contains two sections similar to the amendments that I have put down. The Agricultural Wages Board is a body responsible for the fixing of agricultural wages. I feel that should a question arise as to what should be the remuneration paid to an agricultural worker in lieu of a half-holiday, the Agricultural Wages Board should be the body to fix it.

Dr. O'Connell

I am accepting this amendment.

Amendment agreed to.

Mr. Hawkins

I move amendment No. 4:—

In page 2, before Section 3 to insert a new section as follows:—

( ) The annual report which the Agricultural Wages Board are required to make to the Minister for Agriculture under Section 21 of the Agricultural Wages Act, 1936, shall include a report of their proceedings under this Act.

Here again the same case would be made. The Agricultural Wages Board are required to present to the Minister a report of their activities in relation the working of the Agricultural Workers (Holidays) Act. I think the same thing should apply here, so that we would have a full report of their activities both in regard to half-holidays and annual holidays.

Dr. O'Connell

I am accepting this amendment.

Amendment agreed to.

Question—"That the Bill as amended, be received for final consideration"—put and agreed to.

Question proposed: "That the Bill, as as amended, do now pass."

Dr. O'Connell

I wish to express my appreciation of the manner in which this Bill was dealt with during its passage through this House. I think I am right in saying that it is a very different Bill from that which we received from the Dáil. Improvements have been made. The amendments came from all sides of the House. I think it is a very much improved measure. I would like to express my appreciation of the way the Bill has been received.

Question put and agreed to.

The Seanad adjourned at 8.5 p.m. until Wednesday, the 16th May, 1951.