Liz McManus (Wicklow, Labour)
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Question 44: 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; the details of her response to the call made; and if she will make a statement on the matter. [18065/04]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The law on trading hours is governed by the Shops (Hours of Trading) Act 1938. That Act was introduced to control competition in the retail sector through the making of regulations which controlled the closing times for shops in specific areas and for specific trades.

As regards opening on Easter Sunday or any other Sunday, that is governed by an order made by the Minister in 1938, SI No. 188 of 1938, which exempted the whole country from any restrictions on trading on Sundays. In general shop opening hours are best left to individual enterprises in consultation with their employees. There is no power under the Act to close shops on public holidays.

I am aware that there is some limited trading on public holidays, but there is protection for employees under the Organisation of Working Time Act 1997. Under that 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, or a paid day off within a month of the day, or an additional day of paid annual leave.