I move:
That Dáil Éireann approves the following Order in draft:
Protection of Young Persons (Employment) (Section 4) Order, 1979,
a copy of which Order in draft was laid before Dáil Éireann on 7 June 1979.
I am moving this motion on behalf of the Minister for Labour who is attending a conference in Geneva. The motion now introduced, seeks the approval of Dáil Éireann for a draft Order to continue in force for a further period of 12 months from 5 July 1979 subsection (3) of section 4 of the Protection of Young Persons (Employment) Act, 1977. In accordance with the Act, this subsection will expire on 5 July 1979 unless the draft order is made with the approval of both Houses. A similar motion was approved by the Seanad on 13 June. The power to make the order is conferred on the Minister for Labour by subsection (5) of section 4.
The employment of children under school leaving age, which is at present 15 years, is generally restricted under section 4. Sections (2), (3) and (4) of section 4 permit children between 14 and 15 years of age to be employed in light nonindustrial work for limited hours provided that the work is not harmful to their health or normal development or their capacity to benefit from schooling. The employment of children during school years is dealt with in subsection (3) and during school holidays in subsection (4). Subsection (3) which is, by far, the more restrictive allows a maximum of two hours work on a week day, four hours on Saturdays and Sundays and 14 hours a week. We all have an obligation to ensure that young people are given every opportunity to grow and develop and to benefit fully from their schooling. It is the Minister's belief that the limited access to employment allowed to young people under 15 years of age by subsection (3) of section 4 of this Act should not hinder their development.
The Act imposes extensive duties on employers in regard to the employment of young people, including those between 14 and 15 years of age. Before employing the young person, an employer should require the production of his birth certificate or other satisfactory evidence of age. The written permission of parents or guardian should also be obtained. An employer should maintain a register or other satisfactory record showing in regard to young persons the name, date of birth, times of starting and finishing work each day, the rate of wages paid and the total amount of wages paid. The employer is also required to display an approved abstract of the Act at the principal entrances to the place of employment. I should also mention that a parent or guardian of a child who aids or abets an employer who contravenes section 4 of the Act is guilty of an offence.
Inspections under the Act are carried out by the inspectors of my Department and the Minister is satisfied that in general the enforcement of the Act is proceeding satisfactorily. In the initial stage of the operation of the Act the approach has been one of advice, publicity and exhortation to employers to secure compliance with the Act, but more recently a number of prosecutions have been undertaken. I should mention that most employers co-operate with the officials of my Department and there is no evidence of any widespread exploitation of young people in regard to section 4 or any other provisions of the Act.
The Minister and I understand, nevertheless, the viewpoint of those who maintain that there should be a total ban on the employment of children under 15 years of age during school term and accept that their concern is for the health, education and moral welfare of such young people. However, the withdrawal of the right to engage in limited employment during school-term laid down in the Act would be contrary to the wishes of many parents who consider that a limited period of work outside school hours can be useful experience for young people in the process of adapting to employment and on deciding on careers. The Minister's view, and that view is supported by experience of administering the Act to date, is that the balance of the argument is in favour of continuing a provision for strictly limited work during school term by 14- to 15-year-olds. It is the Minister's intention during the coming year to review this legislation and he will at that stage consult with all the interests involved.
His attention has also been drawn to a possible drafting defect in section 4. He has been advised that the lapse of subsection 4 (3) would not, in fact, result in the prohibition of employment of children under 15, during school term, as was apparently originally intended, but would allow such employment in work which fulfils the conditions set out in subsection (2) but without any definite restrictions as to hours. This makes it all the more necessary to ensure that subsection 4 (3) remains in force.
I ask the Dáil, therefore on behalf of the Minister for Labour to approve the making of an order to continue in force for a further 12 months from 5 July 1979, subsection 4 (3) of the Protection of Young Persons (Employment), Act, 1977.