Dáil Éireann díospóireacht -
Wednesday, 23 May 1990

Vol. 399 No. 1

Ceisteanna — Questions. Oral Answers. - Hairdressing Salon Court Conviction.

Proinsias De Rossa

Ceist:

14 Proinsias De Rossa asked the Minister for Labour if his attention has been drawn to the comments made by a district justice in the Dublin District Court on 9 April 1990 when convicting a hairdressing salon of failing to pay statutory wage levels to a trainee hairdresser and failing to keep proper records under the Industrial Relations Act, that the penalties available to him were in no way commensurate with the loss to the injured parties; if he will introduce amending legislation to increase the penalties; and if he will make a statement on the matter.

Mr. B. Ahern

I am aware of the case mentioned by the Deputy and I agree that the fines for breaches are outdated. In the Industrial Relations Bill, 1989, which is at present before the Dáil, I am proposing to substantially increase the fines for all breaches of the Industrial Relations Acts. The financial loss to the injured parties is, of course, primarily addressed by having the employer pay the arrears.

Proinsias De Rossa

Could the Minister indicate what steps his Department are taking to ensure that young people are not grossly exploited, such as happened in this case? This young person was working up to 12 hours a day, was getting less than £30 a week and had paid something like £2,000 for an apprenticeship fee and was not even registered as an employee, so far as we can find out and as far as the records of the company were concerned. What steps are the Department taking at the moment to monitor and pursue such exploitation in this kind of work? It is widespread.

Mr. B. Ahern

The Department have the enforcement section in the legislation to retrieve money and arrears not paid. That is done in all cases. However, the fines were only £50. Incidentally I hope it is not as widespread as the Deputy said, but it happens.

Proinsias De Rossa

It does.

Mr. B. Ahern

The fines will be substantially increased. The fines will be £750 and £500 for each section under the new legislation.

Proinsias De Rossa

In the course of the case the employer stated he had never received complaints from any of his employees with regard to this, which perhaps indicates the fear among young people particularly in this kind of employment. Can the Minister ensure that where people bring complaints of this kind they do not automatically lose their job as a result?

Mr. B. Ahern

Most of these complaints come through anonymous letters, letters from friends, inspectors or trade union officials about companies who are under suspicion or types of industries which are permanently under suspicion. I will not name them but we debated them recently on the part-time work issue. The inspectors do not say why they are at the firm. They seek the records and registers and very thoroughly go through them. A substantial amount of money is received every year from various employers that is owed to their individual workers.

An Ceann Comhairle

I had hoped to make better progress on questions to the Minister for Labour today. Progress is very sluggish.

Mr. Rabbitte

Does the Minister not agree that the most revealing aspect of the failure of this mechanism is that solicitors themselves are almost invariably, year after year, the greatest offenders in the area of minimum pay legislation and that solicitors' clerks top the league in respect of breaches of the legislation?

Mr. B. Ahern

Unfortunately that is correct.