Written answers

Thursday, 23 June 2011

Department of Enterprise, Trade and Innovation

Legislative Provisions

6:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 92: To ask the Minister for Jobs, Enterprise and Innovation if in accordance with the Factories Act 1955, section 84, Ireland's Magdalene laundries were considered factories and, as such, were subject to the conditions laid out in that legislation; if his position reflects the statement made by the then Minister for Industry and Commerce, William Norton, in Seanad Éireann on 5 May 1955 that "once you wash clothes in the institution, not for the institution, then that is a factory. In other words, you have a right to wash clothes for the institution, but if you start to wash other people's clothes it is a factory, for the purpose of section 84"; and if he will make a statement on the matter. [16904/11]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Section 84 of the Factories Act 1955 reads as follows: -

84. —(1) Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, then, nevertheless, the provisions of this Act shall, subject as hereinafter in this section provided, apply to those premises.

(2) This Act shall not, except in so far as the Minister may by order direct, apply to any premises which do not constitute a factory if the premises are subject to inspection by or under the authority of any Minister of State.

Subsection (1) is clearly addressed at premises or workplaces which do not constitute a factory. It does provide that certain types of institution may, despite the fact that they "do not constitute a factory", be subject to the provisions of the Act. However, Subsection (2) qualifies this by providing that the Act shall not apply to such institutions if they "are subject to inspection by or under the authority of any Minister of State". The mere fact that the State has a right to inspect particular premises does not mean that it has an obligation to do so - there neither was nor is any obligation on the State to inspect every workplace.

As the Deputy will be aware, the Government decided last week to establish an interdepartmental committee chaired by an independent person to establish the full extent of State involvement in relation to the Magdalen Laundries. Along with his colleague, the Minister of State for Disability, Equality, Mental Health and Older People, the Minister for Justice, Equality and Defence is now following up on this decision with the relevant parties.

Given the generally acknowledged lack of information about the type of institution mentioned by the Deputy, I do not consider it appropriate, at this juncture, to comment on the possible application of the 1950s code of occupational health and safety to particular institutions.

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