asked the Minister for Industry and Commerce if he is aware that in certain parts of the country the established fairs sometimes fall on a bank or public holiday; and if, as such fairs cannot be postponed, he will make an order permitting the shops in such areas which are required to be closed to open for business on such days.
Ceisteanna—Questions. Oral Answers. - Opening of Shops on Fair Days.
The Shops (Conditions of Employment) Act, 1938, and the Shops (Hours of Trading) Act, 1938, provide that certain specified days, or certain other days which may by order be substituted therefor, shall be public holidays for the purposes of the Acts. Those purposes relate to the holidays to be allowed to members of the staffs of shops and to the closing of shops on the weekly half-holiday, but there is no provision in either Act which of itself will require that any shop shall be closed on any public holiday. The holiday provisions of the Shops (Conditions of Employment) Act, 1938, take cognizance of the fact that certain types of shops are normally open on public holidays and members of the staffs of such shops get additional leave. In the case of shops not falling within that category, it is provided that where a member of the staff is not allowed a whole holiday on a public holiday, he shall be allowed an alternative whole holiday within 14 days. No question arises, therefore, of the making of an order permitting shops in any particular area to open for business on a public holiday which is also a fair day for that area.