Written Answers. - Student Employment.
Róisín Shortall
Ceist:
109
Ms Shortall
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to the concerns of school authorities with regard to absenteeism due to student employment, especially night employment; if she will report on the enforcement of the Protection of Young Persons (Employment) Act, 1996, giving details of the number of inspectors employed; the numbers who work outside office hours; the numbers of prosecutions which have been taken in each of the past three years; and if she will undertake to have urgent discussions with the Department of Education and Science in order to tackle this growing problem.
[4930/01]
The Protection of Young Persons (Employment) Act, 1996 came into operation on 2 January 1997.
It is designed to protect the safety, health and welfare of young workers and to ensure that work during the school year does not put the education of young persons at risk. When the Act came into operation, details of the legislation were sent to all post-primary schools, the relevant trade unions and employer bodies, the main supermarket chains, petrol stations, hotels, restaurants and vintners associations, fast food chains and youth organisations. They were sent to third level institutions as well as education officers in the relevant student unions last year. I have asked my officials to again make contact with all post-primary schools this year.
The Act sets minimum age limits for the employment of "children", that is, persons under the age of 16 and "young persons" that is, 16 and 17 year olds. It also sets rest intervals and maximum working hours, and prohibits the employment of under-18s on late night work. Employers must keep specified records of their workers who are under 18.
The labour inspectorate of my Department has responsibility for enforcing employment legislation generally, including the Protection of Young Persons (Employment) Act, 1996. The current designated strength of the inspectorate is 17. All inspectors carry out night work and that is almost exclusively related to PYP enforcement work. The labour inspectorate's business plan for 2001 provides for a minimum of 12% of the working time of inspectors to be carried out at night time in the enforcement of the PYP.
The Protection of Young Persons (Employ ment) Act, 1996, was introduced for the purpose of safeguarding the welfare of young workers healthwise, safetywise and educationwise. It is my Department's policy to enforce proactively the Act as a response to the need itself and public-political expectations and demands. This responsibility is taken seriously as evidenced by the number of PYP-related inspections carried out by my Department in 2000 – 2,583, of which 757 were performed at night. Breaches of the Act may come to the attention of my Department either by way of complaint by an individual employee or other concerned person or by routine inspections carried out by my Department's labour inspectorate. Inspectors have powers to enter places of work, question employers and employees and examine records.
Where it appears that an employer has failed to comply with the legislation, the matter is referred to my legal advisers to consider whether legal proceedings may be instituted against the employer. Experience of the labour inspectors is that most PYP irregularities found by them in the course of their inspection operations are resolved through the co-operation of the employers in question. Where such co-operation is not forthcoming it is the Department's policy to prosecute. Following referral to the Chief State Solicitor's office for legal action against offending employers in 1998 one case resulted in a conviction of the employer concerned. There were no convictions in 1999 and six employers were convicted in 2000. In one further prosecution initiated in 2000 the employer was not convicted but was ordered to pay compensation to the young person concerned. To date, one employer has been convicted of breaches of the legislation, which included young persons working after 10 p.m. and, in that case, a substantial fine was imposed on the company. In addition, court hearings are pending in a further seven prosecutions under the Act. Regarding possible adverse impact of employment on attendance at classes my colleague, the Minister for Education and Science, has initiated a programme comprising both legislative measures and special targeted initiatives to combat the problem of non-school attendance and early school leaving.
The recently enacted Education (Welfare) Act, 2000 will replace current school attendance legislation. The Act provides for the introduction of a comprehensive school attendance service with responsibility for school attendance being given to a newly established body – the National Educational Welfare Board. The focus of the national authority will be the provision of assistance and support, through locally-based educational welfare officers, to schools and families rather than on penalties for non-attendance at school. The Act also includes specific measures for the early identification and support of children at risk of dropping out of the school system.
It provides measures designed specifically for early school leavers. Section 29 provides that a young person, in effect in most cases 16 and 17 year olds, may register with the National Educational Welfare Board if they leave school before their 18th birthday. The board will, following consultation with the young person, parents and others, prepare a plan for their continuing education and training. Once that is done the board will issue a certificate to the young person concerned. The section goes on to provide that an employer cannot employ a young person unless he or she is the holder of a valid certificate. An employer is also obliged to inform the board within a month after a young person has been employed. The Act provides penalties for employers who breach these provisions. The overall thrust of the provisions is to place meaningful restrictions on the process whereby young people who are encouraged by immediate earning potential to leave education and training and take up often low-skill work. The provisions do not prevent young people taking up employment but seek to ensure that a balance is struck between their employment rights and their future educational, training and social needs. The Department of Education and Science is in the process of implementing the Act.
However, legislative solutions are not in themselves enough. It is also considered important that there be strategies to encourage and support schools in retaining pupils to completion of senior cycle. In this regard the 8-15 year old early school leavers initiative was introduced in 1998. One of its objectives is to test models of response to the problem of early school leaving, with a view to the integration of such models, after structured evaluation, into mainstream policy and practice. The projects strand of this initiative involves 17 specific projects in 14 areas. In June 1999 the stay in school retention initiative at second level was launched in 58 schools. This marks a significant departure from traditional policy in that funding of up to £40,000 per annum is being granted to targeted schools, on the basis of plans which they were helped to design themselves. The purpose of this initiative is to prevent early school leaving and raise senior cycle completion rates. At the end of May 2000 an additional 59 schools were invited to participate in the initiative. The objective of preventing early school leaving is not a simple matter to resolve and in order to have a real chance of success the solution must be wide ranging and include strategies for identification, balancing of rights, statutory safeguards and school empowerment.
While there is a legal obligation on employers to see that the law is upheld, there is also a moral responsibility on parents to ensure that the objectives of the Protection of Young Persons Act "in regard to both the protection of the education and health of children and young persons" are not frustrated. I urge parents and teachers who are aware of any breaches of the legislation to contact the labour inspectorate unit of my Department. Reported breaches will be dealt with and every effort made by the officials of my Department to eradicate non-compliance with the 1996 Act.
