Written answers

Thursday, 13 May 2004

Department of Enterprise, Trade and Employment

Sunday Trading

5:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 28: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the call from the trade union MANDATE for action to outlaw trading by major stores on Easter Sunday, Christmas Day and St. Stephen's Day, particularly in view of the decision of one chain to open on Easter Sunday in 2004, which had been one of the few days on which all major stores closed; her views on the call made; and if she will make a statement on the matter. [13814/04]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The law on trading hours is the Shops (Hours of Trading) Act 1938. This Act was introduced for the purpose of controlling competition in the retail sector through the making of regulations which controlled the closing time for shops in specific areas and for specific sectors. As regards Sunday trading, a statutory instrument made in 1938, S.I. No. 188 of 1938, exempts the whole country from any restrictions on Sunday trading. I have been made aware of some limited opening of shops on public holidays but I have no powers under the Act to close shops completely on specific days. Neither can I regulate trading hours on public holidays under the Act.

There is, however, protection for employees under the Organisation of Working Time Act 1997. Under this Act employees have rights in respect of nine public holidays during the year. The options open to employees who have to work on public holidays are an additional day's pay, a paid day off within a month of the day or an additional day of paid annual leave.

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