Dáil Éireann díospóireacht -
Tuesday, 12 Oct 1999

Vol. 509 No. 1

Written Answers. - Protection of Young Persons (Employment) Act.

David Stanton

Ceist:

124 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the regulations, if any, she has to allow for exemptions in relation to the hours of work of children participating in a work experience or training programme approved by the Department of Education and Science having regard to the Protec tion of Young Persons (Employment) Act, 1996. [19794/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

I have not made any regulations under section 3(7) of the Protection of Young Persons (Employment) Act, 1996, to provide for the type of exemptions referred to.

David Stanton

Ceist:

125 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of times she has authorised, in individual cases, the employment of a child in cultural, artistic, sports or advertising activities having regard to the Protection of Young Persons (Employment) Act, 1996; the number of times she has refused an application; and if she will make a statement on the matter. [19795/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Protection of Young Persons (Employment) Act, 1996 came into operation on 2 January, 1997. In the period 2 January, 1997 to date, I have issued 54 licences in respect of 219 children, under section 3(1) of the above Act. Each licence sets out the conditions under which these children may be employed. No application for a licence has been refused during the aforementioned period.

David Stanton

Ceist:

126 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of inspectors currently in appointment under the Protection of Young Persons (Employment) Act, 1996; the number of inspections that have been carried out in the past year; the action, if any, taken under the Act; if so, if she will give details of these actions; and if she will make a statement on the matter. [19796/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Protection of Young Persons (Employment) Act, 1996, is administered by the employment rights division of my Department and is enforced by the labour inspectorate within that division. There are ten inspectors operating at present. As well as the Protection of Young Persons (Employment) Act, the labour inspectorate of my Department is responsible for the enforcement of worker rights set down in a variety of labour legislation and of statutory minimum rates of pay and conditions of employment of workers employed in sectors covered by employment regulation orders and registered employment agreements.

Plans to upgrade and strengthen the Department's labour enforcement staff are well advanced. It is hoped that their present numbers can be significantly expanded in the not too distant future in the context of the new and expanded responsibilities foreseen for them in the context of the enforcement of the national minimum wage.

Of the 872 inspections carried out under the Protection of Young Persons (Employment) Act, 1996, in the period 1 January to 31 December, 1998, non-compliance with the Act was revealed in 44 instances. There have been 474 inspections concluded in the year 1999 to date. There have been no prosecutions taken to date in 1999 but consideration is being given to initiating prosecutions in a number of cases. A successful 1998 prosecution wherein fines totalling £4,500 were imposed, has been appealed to the Circuit Court. That case came up for hearing on 4 October last and is currently adjourned for hearing on 18 October next.

Enforcement experience has shown that the majority of employers found to be in breach of the Act are willing to adjust their practices to conform with the legal requirements. To ensure that corrective measures are taken by employers in such instances and that further breaches do not occur a follow-up inspection is usually carried out after a suitable lapse of time.

I am satisfied that the methodology adopted in relation to inspection work in relation to the Protection of Young Persons Act, 1996 is reasonable and that inspections are organised and targeted in a way that makes most efficient use of the enforcement resources available to me. A comprehensive, six-month long, enforcement campaign commenced by the labour inspectorate in April and focusing on the catering sector nation-wide is continuing. It is expected that 1,000 cross legislation inspections will be carried out in the course of this campaign, particular attention being paid to compliance with the Protection of Young Persons Act, 1996.

I am conscious of the concerns expressed by various groups in relation to the exploitation by less scrupulous employers of young persons and would urge anyone with information in relation to breaches of the Act to notify the employment rights division of such breaches. I am confident that all such reported breaches will be dealt with expediently and that every effort will be made by the officials of my Department to eradicate non-compliance with this and indeed any other employment rights legislation.