I thank the Senator for raising this matter and I appreciate the points he made.
I am very anxious to pursue any of the issues raised by the Senator in the context of the appropriate fora within which I have a role. In the context of the Louise Woodward case, it is important to distinguish between au pairs and nannies or child minders. An au pair is essentially a student who is treated as a family member in exchange for certain services, such as a limited amount of light housework or babysitting. The objective of the arrangement is to enable the au pair to improve his or her linguistic and, possibly, professional knowledge, as well as their general culture by acquiring a better knowledge of the country where he or she is received. Therefore, au pairs are essentially students, not employees, and, accordingly, my Department has no statutory function in relation to the conditions under which they are recruited, the specialist agencies which arrange their placement or the families which act as their hosts.
Young people who wish to enter into au pair arrangements abroad would be well advised to take some care in making those arrangements. For example, it would be prudent to draw up a written agreement between the au pair and the host family, setting out the rights and obligations of both parties which should specify the manner in which the au pair is to share the life of the family while ensuring the au pair has a certain degree of independence. It would also be a good idea to use the services of a reputable au pair agency which would not tolerate the exploitation of au pairs by families attempting to treat them as domestic servants.
Unlike au pairs, professional nannies or childminders are regarded as employees and, as such, are protected in this country by all the employment rights legislation dealing with terms of employment, wages, holiday entitlements etc. Nonetheless, such persons in seeking employment through an employment agency should ensure they deal only with licensed agencies. I am sure the Senator will appreciate it is not possible for my Department to regulate or monitor the activities of young people working outside Ireland.
On the general question of safeguarding the position of young people who are engaged in vulnerable employment within the EU and internationally, the Senator may be aware that, over the years, Governments have taken action at international level to prevent the exploitation of young people in employment and to establish basic principles. Various international bodies, such as the United Nations, the International Labour Organisation and the Council of Europe, have adopted standards in this area and the International Labour Organisation will discuss the issue of child labour again at its conference in 1998. I look forward to participating in that event.
In 1994 the EU adopted a directive on the protection of young people at work. The directive had its origins in the Community Charter of Fundamental Social Rights for Workers or, as it is more commonly known, the Social Charter. The charter states that the minimum employment age must not be lower than the minimum school leaving age, and appropriate measures must be taken to "adjust labour regulations applicable to young workers so that their specific development and vocational training and access to employment needs are met". The charter declares that the duration of work, in particular, must be limited and night work prohibited in the case of workers under 18 years of age.
The Protection of Young Persons (Employment) Act, 1996, which came into effect in Ireland in January of this year, gives effect to the provisions of the EU directive in this country. The Act repealed and replaced the 1977 legislation on the protection of young persons as well as the relevant provisions of the Conditions of Employment Act, and put in place a single composite piece of legislation regulating the protection of young persons in employment generally, including industrial work.
The Act sets minimum age limits for employment, rest intervals and maximum working hours and generally prohibits the employment of those under 18 years after 10 p.m. It goes beyond the terms of the directive by generally prohibiting the employment of persons who are under 16 years of age. The intention is to encourage young persons to remain in education or training beyond the age of 15 years. Employers may employ 14 and 15 year olds on light work during the school holidays or as part of an approved work experience or educational programme. Those over 15 years may be employed part-time during school holidays for up to eight hours a week.
The Act also provides that young people should have an avenue of redress against employers who penalise them for not working longer hours than the legislation allows. Their right of appeal is to the Rights Commissioner Service in the first instance, following which there may be an appeal to the Employment Appeals Tribunal.
Employers also have specific duties in employing young people. These include seeing a copy of the birth certificate and, in the case of those under 16 years, getting the written permission of the parent or guardian; keeping a register of particulars of each person under 18 years employed at the place of work; displaying the prescribed summary of the Act and giving new employees under 18 years a copy of the summary of the Act within one month. My Department's inspectors have powers to enter places of work, question employers and employees and examine records. A person found guilty of an offence is liable on summary conviction to a fine of up to £1,500. Continuing contraventions can attract a fine of up to £250 per day.
Through the means I have just mentioned, I am satisfied the aim of the legislation governing the employment of young persons, that is, the prevention of abuses of the way in which the labour of young persons is utilised, is being achieved.
The Senator raised a number of important points about what we might be able to do internationally and at EU level. I have outlined the legislative framework in which I must operate. However, I value the comments made by the Senator and I share his concerns. I will try to deal with this issue as best I can within the appropriate fora, some of which I have mentioned, and to respond to the spirit of his comments.
