Written answers

Thursday, 3 May 2018

Department of Employment Affairs and Social Protection

Employment Rights

Photo of Martin HeydonMartin Heydon (Kildare South, Fine Gael)
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20. To ask the Minister for Employment Affairs and Social Protection the status of the work in her Department to resolve issues regarding the classification of stable staff and racehorse trainers as employers; and if she will make a statement on the matter. [19299/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The issues which I understand the Deputy to be referring to would appear to relate to the application of the Organisation of Working Time Act 1997 to the Horse Racing sector.

In response to representations made to me by the industry and by the Minister for Agriculture, Food and the Marine, I wrote to the Attorney General seeking his advice as to what options, if any, might be available to me to clarify the derogations available under the Directive. I am currently considering the Attorney’s advice on what is a sensitive and complex matter. My officials have met with officials of the Department of Agriculture, Food and the Marine and are continuing to engage with them on the issue.Finally, I understand that the employer involved has appealed the Labour Court determination to the Circuit Court.

I am conscious of the need to avoid doing anything that might be seen to interfere in the judicial domain andit would not be appropriate to comment on the particulars of that case while those proceedings remain before the Courts.

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