Dáil Éireann Debate, Thursday - 7 October 2004
15 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment his views on IBEC’s recommendation to members of the employers body (details supplied); if he is satisfied with the level of implementation and enforcement of the Protection of Young Persons (Employment) Act 1996 and with the level of evaluation that measures the effectiveness of that legislation. [23599/04]
Amharc ar fhreagraThe Protection of Young Persons (Employment) Act 1996 came into operation on 2 January 1997. The Act is designed to protect the health of young workers and to ensure that work during the school years does not put a young person's education at risk. It 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 those under the age of 18 on late night work. Employers must keep specified records of their workers who are under the age of 18.
The ESRI study, to which Deputy Gogarty refers and which I have not yet seen, on part-time employment among second level students will, I gather, be published shortly and is primarily a matter for my colleague, the Minister for Education and Science. I understand that the study has examined the extent of student employment, the objective and subjective characteristics of young workers and those who do not work, the nature of the jobs in which students engage and the effects of that employment on a range of academic and social outcomes. I am advised by the Department of Education and Science that the study will contain a number of important findings regarding the beneficial, and not so beneficial, effects on students of part-time employment. As soon as the study is published my Department will give careful consideration to its findings. It will also be necessary to examine the interactions between the labour inspectorate and the National Educational Welfare Board — established under the Education (Welfare) Act 2000 — so as to align responsibilities and effort to the educational attainment and benefit of young people. The study will also inform an ongoing review of the role and function of the labour inspectorate arising from Sustaining Progress — Part 2.
I welcome IBEC's recommendation to its members in the circumstances. It stands to reason that while working can be of benefit to young people, it should not have a detrimental effect on their studies.
One of the objectives of paragraph 2.8 of Sustaining Progress, the Social Partnership Agreement 2003 to 2005, which is concerned with tackling educational disadvantage, is to evaluate compliance with the Protection of Young Persons (Employment) Act. As part of that commitment, the labour inspectorate of my Department liaises with the Department of Education and Science in this regard.
The labour inspectorate of my Department has responsibility for the enforcement of the Protection of Young Persons (Employment) Act. In the years 2001, 2002 and 2003 inspectors undertook 1,062, 1,453 and 1,595 inspections, respectively, arising from which prosecutions were instituted and obtained in a total of 41 cases in the District Court against employers for non-compliance with the Act. To date in 2004, eight convictions have been obtained under the Act. It should be noted that the enforcement of the Protection of Young Persons (Employment) Act 1996 requires out-of-normal-hours inspection activity in relation to young people in employment. In this connection, the out-of-normal-hours inspections included in the above inspections are 294 inspections in 2001, 594 in 2002 and 594 in 2003. Up to 30 September this year, the inspectors have completed 766 inspections of which 377 were conducted out-of-normal-hours. This level of activity will increase with the recruitment of four additional inspectors as agreed in Sustaining Progress — Part 2.
While, to date, all reasonable measures have been taken by the labour inspectorate to enforce the 1996 Act with a view to safeguarding the rights/protections of young persons, I am nonetheless keen that all avenues open to my officials to improve and strengthen the enforcement function are availed of. In this connection, I should say that as the new school year gets under way, we have planned to undertake a short intensified and targeted campaign of enforcement involving all inspectors before the end of October 2004.
