Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 7: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself with the level of implementation of the Organisation of Working Time Act 1997; and if she will make a statement on the matter. [18066/04]

Frank Fahey (Galway West, Fianna Fail)
Link to this: Individually | In context

The Organisation of Working Time Act 1997 came fully into effect on 1 March 1998. If an employee considers that his or her employer has contravened the provisions in this Act governing holidays, rest breaks, rest periods and maximum average weekly working hours, he or she may refer the matter to a rights commissioner for adjudication. The number of cases referred to the rights commissioner service under the 1997 Act in the period 1998 to 2003 is set out in the following table.

The labour inspectorate of my Department has a limited role in regard to the keeping of records provisions of the 1997 Act. In this connection, when inspectors pursue complaints concerning alleged infringements of other employment rights entitlements, they will also check that an employer, in accordance with the prescribed format required by the 1997 Act, is maintaining relevant records. During 2003, inspectors undertook 1,005 such inspections and the figure to date in 2004 is 360. In all of the circumstances, I am satisfied with the level of implementation of the Organisation of Working Time Act 1997.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Will the Minister confirm that there were no prosecutions or convictions under the Organisation of Working Time Act 1997 last year and so far this year? Is that an indication of full compliance or inadequate policing of the Act?

In regard to amending directive 2000/34/EC which extends the original working time directive to doctors in training, where exactly do we stand as it must be transposed into Irish law by 1 August 2004? I accept that some of the responsibility for that will fall to the Minister for Health and Children. Where do we stand on the review of Directive 93/104/EC concerning aspects of the Organisation of Working Time?

Frank Fahey (Galway West, Fianna Fail)
Link to this: Individually | In context

I have no information on convictions at present, but I will provide the information to the Deputy. The working time directive as it applies to doctors in training is a matter for the Minister for Health and Children. I am not aware of the up-to-date situation, but I am aware that negotiations have been ongoing. There are discussions on the implementation of the directive as it applies to the Department of Enterprise, Trade and Employment. The proposals made by the European Commission have been submitted to the social partners for consideration. When the process of consultation with the social partners will be completed, the council will make a decision on the matter.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Directive 2000/34/EC is the extension of the original directive to doctors, and the Taoiseach indicated on the Order of Business that there may be a proposal for a derogation from it. Has there been an agreement at council for any such derogation or will that apply from 1 August 2004, as originally intended?

Frank Fahey (Galway West, Fianna Fail)
Link to this: Individually | In context

The matter is under discussion but no agreement has been reached.