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Dáil Éireann díospóireacht -
Tuesday, 13 Jun 1995

Vol. 454 No. 3

Adjournment Debate. - Sunday Trading.

I appreciate that the Minister of State, Deputy Fitzgerald, is in the House as she is exceptionally busy. It is an indication of the seriousness with which she views the issue.

Ireland is the only EU country which does not have effective legislation governing the hours of trading, in particular, Sunday and public holiday trading. It is unacceptable that the way should be left clear for a few powerful retailers rather than elected representatives setting the agenda. Legislation must be introduced to regulate Sunday trading as the current legislative vacuum is leading to a free for all. Inevitably, the victime will be the weakest players on the retail scene — small and medium sized shops and workers.

Dunnes Stores led the way by opening on Sundays and public holidays in 15 centres. Available evidence shows that there has been a noticeable reduction in the trade experienced by other outlets and small and medium sized retailers bear the economic brunt of social change. Corner shops find it increasingly difficult to compete with large chainstores and the decision by some large retailers to commence Sunday trading places pressure on other retailers to do likewise.

Workers in the retail sector see their jobs threatened by "hire as you like" casual labour. In Dunnes Stores, fewer than 10 per cent of staff are full-time and so-called "zero hour" contracts are fast becoming the norm. Staff must be available to work throughout the week but are not guaranteed work at any time. When I hear of these conditions I need to remind myself that this is 1995.

Dunnes Stores introduced contracts making Sunday work compulsory at a fixed rate of pay rather than offering double time as is the industrial norm. Not surprisingly, these contracts are fast turning into the straw that broke the worker's back. Looking at the record of Dunnes through the years one would have thought the workers would have arrived at that position earlier.

Dunnes Stores workers are due to strike on 19 June and if there is an allout picket there will be a boycott on deliveries to the main chain by members of other unions. This will have an knock-on effect on suppliers and will lead in the long term to job losses. I am not only talking about Sunday trading; I am talking about an entire industry coming to a halt.

People will ask how one can legislate to allow corner shops, public houses, garden centres and DIY shops open on Sundays and prohibit other shops from doing so. This can be done by prohibiting retailers with a floor space above a certain level from trading on Sundays. Unregulated Sunday trading not only disturbs the lives of workers, it disrupts the lives of their families and suppliers. If Sunday trading is allowed to continue unhindered it will fundamentally alter our family centred culture. Legislation on Sunday trading will not deal with the other problems of the Dunnes Stores workers, for example, zero hour contracts, no standard pension plan and no sick pay scheme. Recently Dunnes Stores celebrated 50 years in business by giving away cars. Do the people who won these cars realise how this company treats its workers? It is a disgrace and must be taken on by someone. I support the workers and MANDATE in this regard.

I thank the Minister of State for being in the House. The EU directive on working hours will do nothing to solve the Sunday trading issue or the problems of the Dunnes Stores workers. We need to legislate to ban Sunday trading and to ensure that people working in retail outlets, the majority of whom are women, can spend time with their families. I accept that the Dunnes Stores issue is a matter for another day but I hope the Minister will keep it in mind.

On the Dunnes Stores dispute, this will ultimately have to be settled around the table and I call on both parties to come together sooner rather than later. The Labour Relations Commission is available and both sides should use the existing machinery to settle the dispute.

Last October my predecessor commissioned a study on the implications of Sunday trading for the retail trade. I am happy to tell the House that the report has been sent to my Department and will be published this evening. I welcome the opportunity to outline to the House some of the findings of the report.

I will give the report careful consideration, particularly in the context of the legislation to implement the EU Working Time Directive. I am conscious of the need to protect non-unionised and part-time workers. The report documents the divergent views of employers, trade associations and the MANDATE trade union on Sunday trading. Employers, trade associations and consumer representatives are not in favour of further regulation of Sunday trading. The report notes that MANDATE, which represents 25 per cent of retail employees, is in favour of regulating Sunday trading hours for larger outlets within the industry and has indicated that conditions of work for employees should be strengthened to ensure that exploitation of existing staff and new entrants to the industry is avoided. It also notes that the employers' group IBEC recommended while employers should be free to decide whether they wish to trade on Sunday there should also be protection for employees who do not wish to work on Sundays.

The report notes that the EU Working Time Directive which requires a minimum of 35 hours weekly rest break, which should in principle include a Sunday, may have a bearing on Sunday working hours. Member states have a degree of flexibility on how they implement this directive in national legislation. It also estimates that 16,500 shops employing approximately 28,000 people were open on Sundays in 1993 and approximately 15,200 people are employed in those shops not regularly open on Sundays.

The report concludes that extra trading hours will not create many extra jobs and that most employers will expand existing part-time hours where possible. Sunday trading alone will not affect overall spending and changes in aggregate sales will only occur in response to changes in real incomes or retail price levels. A move to more generalised Sunday trading would be likely to reduce aggregate weekday sales and affect the sales of the mainly smaller shops which traditionally have opened on Sundays. We need to look at Sunday trading in the context of changes generally in the retail trade.

The shift in trading patterns has led to fewer outlets, but an increase in overall jobs, most of them part-time. During the period 1988-91 the number of full-time employees grew by 7 per cent while the number of part-time workers grew by 33 per cent. This represents approximately 4,000 extra full-time workers and approximately 8,000 extra part-time workers. During the same period the number of retail units fell by about 2,000. Changes in retailing, in response to changes in technology and patterns in consumer demand, have led to more out of town shopping centres and supermarkets, an increased concentration of food shopping in a small number of multiples, a blurring of distinctions between what is sold in different outlets and a general extension of shopping hours, including late night opening, pre-Christmas Sunday opening and the weekend opening of large DIY, furniture and garden centres.

I have consulted widely on the issue of Sunday trading. Apart from meeting the trade union MANDATE, I have also met the Consumers' Association, the Director of Consumer Affairs, RGDATA, the Keep Sunday Special Group and the Irish Hardware Association. I have listened carefully to the views expressed by them. It will not be possible to meet the demands of all the groups involved, since in many cases they contradict each other. However, I am determined in arriving at decisions on this issue that jobs are safeguarded and that those at work are given the protections they need in the context of changing working conditions and living patterns. I look forward to coming back to the House with legislation which will give protection to those workers who need it most.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 14 June 1995.

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