Derek McDowell
Ceist:114 Mr. McDowell asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures which have been put in place to ensure that young persons work only the statutory minimum number of hours. [10073/01]
Written Answers. - Protection of Young Persons (Employment) Act.
The Protection of Young Persons (Employment) Act, 1996, was introduced for the primary purpose of safeguarding the welfare of young workers healthwise, safetywise and educationwise. My Department's policy is to enforce the Protection of Young Persons (Employment) Act, 1996, in a proactive manner as a response to the inherent need itself and public-political expectations and demands.
When the Act came into operation, details of the legislation were sent to all post-primary schools, relevant trade unions and employer bodies, the main supermarket chains, petrol stations, hotels, restaurants and vintners associations, fast food chains and youth organisations. Last year those details were also sent to third level institutions as well as education officers in the relevant student unions. It is part of the business plan of my enforcement section for 2001 to again make contact with all post-primary schools.
The Act sets limits for the employment of children, that is persons under 16 years of age, and young persons, that is 16 and 17 year olds. It also sets rest intervals and maximum working hours and prohibits the employment of people under 18 years to do late night work. Employers must keep specified records of their workers who are under 18 years as well as displaying prominently a poster summarising the main rules on employing such young people. This poster is available on request from the employment rights information unit of my department.
The labour inspectorate of my Department has responsibility for enforcing employment legislation generally, including the Protection of Young Persons (Employment) Act, 1996. All inspectors carry out night work as part of their normal conditions of service and that element of their duties is almost exclusively related to PYP enforcement work. The statistics available to me indicate that since January 2000 to date 2,705 inspections have been carried out under the protection of young persons Act. The inspectorate's responsibility under this Act is taken seriously as evidenced by their business plan for 2001 which 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. 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 concerned in respect of the alleged breach of the Act. 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 six employers were convicted in 2000 in respect of breaches of PYP legislation. 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 in 2001 four employers have been convicted of breaches of the legislation.
While there is a legal obligation on employers to see that the law is upheld in this area 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. As previously stated on a number of occasions, I urge parents and teachers who are aware of any breaches of the legislation to contact the labour inspectorate unit of my Department. Such reported breaches will be dealt with and every effort will be made by the officials of my Department to eradicate non-compliance with the 1996 Act.