Tommy Broughan (Dublin North East, Labour)
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Question 73: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will introduce measures to address the issue of double jobbing in the taxi industry; if she will introduce the EU working time directive for all drivers in the taxi sector; and if she will make a statement on the matter. [12656/09]

Billy Kelleher (Cork North Central, Fianna Fail)
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The Organisation of Working Time Act 1997 in conjunction with the Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004-S.I. No. 817 of 2004 provide that the maximum average working week of 48 hours and the rest periods and rest breaks provided for in that legislation apply to taxi drivers who have employee status.

Section 33 of the 1997 Act provides that if an employee, such as a taxi driver with employee status, works for two employers he or she may not work more than an average 48 hour week aggregated between the two employers. Section 33 also provides that it is an offence for the second employer to require an employee to work in excess of these hours between both employers and also for the employee to so work between both employers.

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, on which the 1997 Act is based, applies only to workers or employees and does not apply to the self-employed. Accordingly, as it was enacted to transpose the terms of the Directive, the 1997 Act does not apply to the self- employed.

In addition the 1997 Act is employment rights legislation and in common with the wide range of such legislation enacted over the years only applies to workers or employees.

The rationale for the Working Time Directive and the 1997 Act applying to workers or employees only and not to the self- employed is that employees or workers would be vulnerable to any pressure from their employer to work long hours in excess of the maximum average 48 hour week set out in the Directive and 1997 Act, unlike the self-employed who are in a position to control their own working hours. In the circumstances there are no proposals to amend the 1997 Act.