Apart from the date appearing in the Title, the text of this Bill is 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 have also allowed the Explanatory Memorandum which was circulated with the 1953 Bill to stand in its original form.
A word of explanation may be expected as to why I decided to proceed in this way. I did so because I think it is the best way of making progress towards the speedy enactment of the Bill. Deputies who were members of the last Dáil had studied the earlier text; they had made themselves familiar with its various provisions and were ready to air their views on the merits and shortcomings of the Bill as it then stood. There are obvious advantages to all concerned in taking, as our starting point in this Dáil, the point at which the discussion on the 1953 Bill was abandoned in the last Dáil. These advantages extend also to those organisations of workers and employers which have made themselves familiar with the 1953 proposals and know where and in what respects the proposals fall short of their wishes.
I do not wish anything that I have said to give the impression that I agree unreservedly with all the provisions of the 1953 text. I agree that, in general, it provides a satisfactory remedy for the more serious defects in the existing factory code, and that no fundamental change in the general structure of the Bill is necessary. I have some amendments in mind and I had contemplated giving an indication of these when circulating the Explanatory Memorandum with the Bill but I think it best to reserve judgment on these amendments until I have had the benefit of whatever discussion we may have on this Second Stage of the Bill.
An Explanatory Memorandum has been circulated with the Bill but 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 English 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 are 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working conditions are gradually changing and, as a consequence, different portions of the Factories Acts have become out of date. The Conditions of Employment Act, 1936, repealed and re-enacted with extensive modifications those parts of the Factories Acts which settled the hours for which workers might be employed.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 the First Schedule 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.
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 the different classes of workplaces. That distinction is gone in the 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 existing law the provisions as to cleanliness are made more precise and are written in greater detail, the space requirement 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 19 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 subject 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 young persons working dangerous machines, requiring precautions to be taken against explosive atmospheres, requiring for air and steam receivers safeguards comparable to 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 33 and 34 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 bakehouses have been tolerated for a long time, but they must go within three years of the start of the new law.
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 person under 18 years 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 very difficult subjects, namely, (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 79 and 80 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, institutions, docks, wharves, quays, warehouses, ships in dock, building operations 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 on the present scope of application, particularly in the case of building activity.
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 provisions about the appointment and powers of inspectors and of certifying surgeons, 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 local 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 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 122 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 125 of applying to quarries the protective measures of existing Mining Acts.
In preparing the Bill a close examination has been 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.
It only remains for me to say that when the 1953 Bill was before the House a number of amendments had been tabled for consideration at the Committee Stage. As you know, the Committee Stage had not been reached before the Dáil was dissolved. Deputies can rest assured, however, that amendments then tabled, together with other amendments which had been suggested in representations made to my Department, will all be very carefully examined. Interested organisations and individual industrialists who had already suggested amendments to the 1953 Bill can also be assured that it is not necessary to repeat their suggestions and that I will have regard to them all in preparing for the Committee Stage of this Bill.
It might, however, be desirable for me at this point to refer in a general way to those amendments which were designed to extend the scope of the measure to include office workers. I know that many Deputies feel that something should be done to give protection to office workers in the matter of the cleanliness, temperature, lighting and general safety of the 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 that matter very thoroughly and I am satisfied that this Bill is not the place 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 effect to that protection. I shall, of course, welcome and undertake to consider carefully any suggestions under this heading which Deputies or other interested parties may wish to submit to my Department. I would suggest, therefore, that our present discussion might be limited 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.