On the Second Reading of this Bill in the Dáil I stated that the text of the Bill as introduced was identical with the text of the Bill which was introduced in 1953 by my predecessor in office and which had received a Second Reading before the Dáil was dissolved. I explained that I had kept to the same text as being the best way of making progress towards the speedy enactment of this Bill. Members of the last Oireachtas had studied the earlier text; they had made themselves familiar with its various provisions and they were ready to air their views on the merits and shortcomings of the Bill as it then stood. There were obvious advantages to all concerned in taking as the starting point for this Bill, the point at which the discussion of the 1953 Bill was abandoned. These advantages extended also to those organisations of workers and employers who had made themselves familiar with the 1953 proposals.
When circulating the text of the Bill I had certain amendments in mind and these I put before the Special Committee to which the Bill was referred by the Dáil. The Dáil approved the amendments proposed by the Special Committee. Some further amendments were made on the Report Stage.
I think that I should refer here to two of those amendments as they introduce something new to factory laws in these islands.
The first of these is the provision for the establishment of safety committees within factories. If Senators examine Section 73 of the text before them, they will see that there is little or no element of compulsion in what is provided. All the law is doing is to give that necessary bit of status to what will, I hope, be freely formed and smoothly functioning bodies. The other amendment to which I refer is the insertion in the Bill of Section 127 which provides for the establishment of an advisory council. In a sense this provision is the complement of the provision about safety committees. The safety committee gives the worker in the factory a certain voice in safety matters at factory level; the advisory council gives organisations of employers and workers a voice in the general administration of safety laws at national level.
I think that it would be helpful to our discussion if I were to devote a little time to giving a general explanation of the purposes and aims of the Bill. Among the enactments taken over by the Irish Government from the British administration was a large body of legislation dealing with the health, safety and welfare of industrial workers. This body of legislation is known commonly by the general name, "The Factories Acts".
Ideas of what were healthy and comfortable working conditions are gradually changing, and as a consequence different portions of the Factories Acts have become out-of-date. The Conditions of Employment Act, 1936, repealed and re-enacted with extensive modifications those parts of the Factories Acts which settled the hours which workers might be employed. It left undisturbed those provisions which dealt with working conditions in factories. These latter provisions are those which will be amended by this Bill.
The main enactment dealing with working conditions in factories at present is the Factory and Workshop Act, 1901. That Act has been amended and extended by a number of Acts, which are listed in Schedule 1 of the Bill. Part of the purpose of the Bill is to consolidate in one measure all that the law has to say on the subject of working conditions in factories. An adequate summary of the law, as it now stands, is contained in the explanatory memorandum which was circulated with the Bill as introduced.
I think the best way of giving a picture of how the law would stand after the passage of the Bill is for me to take the Bill part by part and highlight the changes which the Bill introduces. Part I contains the normal sections relating to commencement, definitions, expenses, etc. "Factory" is defined in Section 3. Existing law makes a distinction between textile factory, non-textile factory, workshop and men's workshop. This distinction had a certain relevance to the control of working hours of women and young persons-a control now transferred to the Conditions of Employment Act— and also led to different treatment for different classes of workplaces. The distinction is gone in this Bill.
It is to be noted that the definition of "factory" in Section 3 is not relied upon in applying the law to such places as docks, building works, etc. These places are given separate treatment in Part VIII. I will come to them later.
Part II contains the precautions to be taken as standard at all factories for safeguarding the health of workers. Extra precautions for certain places are prescribed elsewhere in the Bill. As compared with the existing law, the provisions as to cleanliness are made more precise and are written in greater detail; the space requirements for each worker is increased from 250 to 400 cubic feet; a figure for temperature of work-rooms is mentioned, and an obligation to provide proper lighting is added. Special mention may be made of the new provision in Section 20 giving power to the Minister to require the medical supervision of a factory.
It is to be noted in relation to this part that one effect of the Bill will be to transfer from the local authority to the Minister the duty of enforcing the health provisions in workshops.
Part III of the Bill deals with the safety of machinery and premises. The earlier sections in this part relate to the important subjects of the fencing of machinery. Here the law will be tightened up and extended somewhat. For instance, not only must the dangerous parts of a machine be fenced but articles being processed on a machine must also be fenced, if their motion constitutes a danger to the worker.
In this Part of the Bill in particular will be noted considerable extensions of existing law. Some of the provisions are completely new, as, for example, the sections requiring the proper training and supervision of persons working dangerous machines, requiring precautions to be taken against explosive atmospheres, requiring for air and for steam receivers safeguards comparable with those required for steam boilers and requiring the institution of special safety arrangements in factories where the accident history is bad. Other sections in this Part have the effect of extending to factories generally provisions at present applying only, under regulations, to limited classes of factories. In this category would be Sections 34 and 35, dealing with lifting apparatus of all kinds. Yet other sections in this Part cover the same ground as existing law but incorporate extensions of one kind or another. The sections dealing with fire precautions are applied to factories with fewer workers than before.
The main effect of Part IV of the Bill is to make universal the duty of providing drinking water, washing facilities, etc. At present this duty rests only on the occupiers of certain types of factories mentioned in regulations.
Part V treats of special additional precautions to be taken in factories of certain kinds. Many of the sections are taken from existing law, including the power to make special regulations requiring occupiers of premises where trades are carried on which are particularly dangerous to the health or safety of the workers to take such additional precautions for their safety and welfare as may be prescribed. The sections about protection against injury to eyes, about lifting weights and about taking samples are new. New also is the control which can be exercised over underground or basement factories. Underground bake-houses have been tolerated for a long time, but they must go within three years of the start of the new law. This part contains the section about safety committees to which I have already referred.
There is no great change made by Part VI which relates to the notification and investigation of accidents and occurrences of industrial diseases. The existing title of "certifying surgeon" becomes "certifying doctor."
Part VII introduces a noteworthy change in the protection of youth in industry. After the Bill becomes law no young person under 18 can take up industrial employment unless he has been certified fit for his employment by the official doctor. After his entry he must be re-examined by a doctor each year until he reaches 18 years. At present only those under 16 need be examined on entry and there is no provision about annual re-examination.
The provisions contained in Part VIII appear to be very elaborate but they deal with two difficult subjects, viz: (a) premises where there is more than one factory, or premises where only part is used as a factory, and (b) places where industrial activity is carried on but which not being factories in the ordinary sense and not having defined and limited premises cannot be expected to conform to all the rules applicable to factories proper. Sections 81 and 82 deal with the first subject by setting out which of the Bill's obligations fall to be discharged by the occupier of the factory premises and which by the owner of the building in which the factory is located. In remaining sections is set out the extent to which the various provisions of the Bill will apply to electrical stations, institution docks, wharves, quays, warehouses, ships in dock, building operation and works of engineering construction. The application of any factory law to works of engineering construction is entirely new. The application to the other activities represents a considerable extension of the present scope of application, particularly in the case of the building industry.
Part IX repeats with some slight modifications the existing controls on outwork. An existing ban on giving out work to places where there is infectious disease is not repeated in the Bill as it is no longer necessary here in view of other provisions in modern public health law.
Part X contains the necessary provision about the appointment and powers of inspectors and of certifying doctors and the powers and expenses of officers of the sanitary authority. In relation to the sanitary authority I should mention that it will have the direct duty of enforcing the provisions in the Bill relating to sanitary conveniences and fire precautions, but the Minister for Industry and Commerce can step in to ensure enforcement should the sanitary authority fail to discharge its obligations. The same duty of enforcement rests on the sanitary authority at present, but a duty which they had in relation to the cleanliness, etc., of workshops will be taken over by the Minister. I have mentioned already that basement bakehouses must cease to exist after three years. At present they can carry on with the approval of the sanitary authority.
I do not think that Part XI calls for comment beyond mentioning that prosecutions will be taken at the suit of the Minister. Under existing law they can be taken at the suit of an inspector, but it is more in keeping with Irish practice to have all these things done in the name of a Minister of State rather than in the name of an official. In any event it represents no change from the current administrative practice.
Part XII confirms that the Factories Acts will apply to factories belonging to the State as well as to factories in private ownership.
The last Part—Part XIII—repeats from existing law the obligation which rests on factory occupiers of giving notice of their occupation of premises, of posting up an extract of the law, etc. Section 125 is interesting in that it imposes on employed persons a legal duty of using, and not abusing, the safety and health arrangements which their employers are compelled to make for them. The Factory Acts will no longer have any application to quarries. A separate measure is being prepared to provide for the safety, health and welfare of quarry workers, but in case there should be any hitch in enacting such law power is taken in Section 128 of applying to quarries the protective measures of existing mining Acts.
In preparing the Bill a close examination was made of relevant conventions and recommendations adopted by the International Labour Office and of recommendations contained in the report of the Commission on Youth Unemployment. I am hopeful that the passage of the Bill will enable Ireland to make a still better showing in the international field by enabling her to show compliance with some further chapters of the international code of regulations promulgated by the International Labour Office. With regard to the Commission on Youth Unemployment I find that with the enactment of the Bill we will have gone a long way towards adopting the recommendations made by that commission on such matters relating to working conditions as are relevant to a Bill of this kind.
Senators will be aware that, after the Second Reading, the Dáil referred this Bill to a Special Committee representative of all Parties in the House. The Bill received a very close examination by the Special Committee, and during the course of their meetings the Committee considered a large number of amendments submitted by different members. The Bill which emerged from the Committee reflected the extent of the detailed study given to it and incorporated various amendments which had commended themselves to the Committee as a whole. During the discussions in the Committee many fresh viewpoints were put forward and following consideration of these I moved some further amendments on the Report Stage. All these amendments are incorporated in the Bill now before the Seanad.
I should perhaps mention that as a result of further points raised on the concluding Stages of the Bill in the Dáil I will have one or two further minor amendments to move on the Committee Stage in this House. The amendments which I propose to table relate to:—
(1) The precautions to be taken against fire hazards in a factory which is accommodated in premises which are used also as a dwelling-house;
(2) a revised provision regarding the type of building operation or work of engineering construction which must be notified to the Minister; and
(3) provision for prior consultation with the Minister for Health (because he administers the Food Hygiene Regulations) before a certificate is issued exempting a basement bakehouse from the provisions of Section 65 of the Bill.
I am hopeful that after the thorough examination to which the Bill has already been subjected, and the number of amendments already adopted, Senators may find that little or no further amendment will be necessary and that there will emerge from the Oireachtas an Act which will go a long way towards satisfying all interests.
There is just one other point to which I should refer. I know that many feel that something should be done to give protection to office workers in the matter of the cleanliness, temperature, lighting and general safety of places where they work, and it has been urged that this protection could be given them by a simple extension of the Factories Bill to office premises. I have gone into the matter very thoroughly and I am satisfied that this Bill is not the appropriate vehicle for legislating for office workers. I am, however, convinced that the time for remedial action in this respect is long overdue and I have directed that a speedy examination be made as to the type of protection which should be afforded to office workers and as to the statutory provisions which would be necessary to give that protection. I shall, of course, welcome and undertake to consider carefully any suggestions under this heading which Senators or other interested parties may wish to submit to my Department. I would suggest, therefore, that our present discussion should be limited strictly to matters affecting the welfare and protection of factory workers and I am satisfied that this is the best way of making solid progress towards a rapid solution of both problems