Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 360: To ask the Minister for Enterprise, Trade and Employment if he will provide a synopsis on the legislation in the area of baby-sitting, indicating the minimum ages for those entrusted with the care of children, the hourly wage and maximum hours that can be worked; and if he will make a statement on the matter. [24060/05]

Tony Killeen (Clare, Fianna Fail)
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My Department does not have a function in regard to the regulation of child care, including baby-sitting. With regard to employment rights generally, the position is that, where there is an employer-employee relationship through a contract of employment — whether express or implied, oral or in writing — the provisions of a wide range of Employment Rights Acts apply. There are however, no provisions in any of these Acts that refer specifically to the task of baby-sitting or the care of children.

Currently, the National Minimum Wage Act 2000 provides that every adult worker is entitled to receive a statutory minimum rate of pay of €7.65 per hour. In certain circumstances, the Act also provides for the application of sub-minimum rates. For example, employees who are under 18 years of age are entitled to €5.36 per hour.

The Protection of Young Persons (Employment) Act 1996 is concerned with the establishment of maximum hours of work that may be undertaken by children — persons under 16 years of age — and young persons — 16 and 17 year olds. Employers may not employ children in a regular full-time job, but may take on 14 and 15 year olds on light work, during the school holidays, part-time during the school term or as part of an approved work experience or educational programme where this work is not harmful to their safety, health or development. Under the 1996 Act, 14 and 15 year olds may work nil or eight hours, respectively, per week during term time; may work 40 hours work experience during holidays; are entitled to 30 minutes rest after four hours work and 14 consecutive hours rest in every 24 hour period and employment may not begin before 8 a.m. or after 8 p.m. The 1996 Act also provides that for 16 and 17 year olds hours of work should not exceed a maximum of 40 hours per week; rest periods should be 12 consecutive hours in every 24 hour period; rest breaks should be of 30 minutes duration after working four and a half hours and employment may not begin before 6 a.m. or after 10 p.m. The employment rights information unit of my Department can make available a series of information booklets that cover the essential elements of each piece of legislation mentioned above. These can also be downloaded from the Department's website at http://www.entemp.ie/employmentrights.