NIGHT WORK (BAKERIES) ACT, 1936

AN ACT TO CARRY OUT AND GIVE EFFECT TO THE CONVENTION, CONCERNING NIGHT WORK IN BAKERIES, ADOPTED ON THE 8th DAY OF JUNE, 1925, AT THE SEVENTH SESSION OF THE GENERAL CONFERENCE OF THE INTERNATIONAL LABOUR ORGANISATION OF THE LEAGUE OF NATIONS. [14th August, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the period of night” means the period fixed as the period of night by regulations made under this Act;

the word “worker” means any person who is employed or permitted to do in a bakery work incidental to the carrying on of such bakery;

the expression “adult worker” means a worker whose age is not less than eighteen years;

the expression “representative of employers” means such association or all such associations of employers as are, in the opinion of the Minister, representative of the employers in relation to whom the expression is used or, where in the opinion of the Minister there is no such association, persons who are, in the opinion of the Minister, representative of such employers;

the expression “representative of workers” means such association or all such associations of workers as are, in the opinion of the Minister, representative of the workers in relation to whom the expression is used or, where in the opinion of the Minister there is no such association, persons who are, in the opinion of the Minister, representative of such workers;

the expression “young person” means a worker whose age is less than eighteen years;

the expression“Night Work (Bakeries) Convention, 1925,” means the convention, concerning night work in bakeries, adopted on the 8th day of June, 1925, at the Seventh Session of the General Conference of the International Labour Organisation of the League of Nations.

2 Bakery to which this Act applies.

2.—This Act applies to every bakery carried on for the manufacture of bread, pastry or other flour confectionery, other than a bakery in which the work of such manufacture is done by members of a household for supplying the needs of persons belonging to such household.

3 Unlawful to manufacture in bakery during period of night.

3.—(1) In order to carry out and give effect to the Night Work (Bakeries) Convention, 1925, it is hereby enacted that it shall not be lawful for any person who carries on a bakery to which this Act applies—

• (a) to carry on or to permit any adult worker to carry on in such bakery at any time in the period of night any process of manufacture which is neither the manufacture of biscuits for sale wholesale nor exceptional work, nor

• (b) to permit any young person to carry on in such bakery at any time in the period of night any process of manufacture which is not the manufacture of biscuits for sale wholesale.

• (2) If any person acts in contravention of this section he shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding ten pounds.

4 The period of night.

4.—(1) The Minister, after consultation with persons who in his opinion are representative of employers interested in bakeries and with persons who in his opinion are representative of workers so interested, may by order make regulations prescribing in accordance with this section a period of not less than seven hours as the period of night for the purposes of this Act and the Minister may, if he so thinks fit, fix different such periods in respect of different parts of the year and in respect of different specified areas.

• (2) Every period prescribed as the period of night by regulations made under this section shall include the special period which, subject to the provisions of this section, shall be the period between eleven o'clock p.m. on any day and five o'clock a.m. on the next following day.

• (3) The period prescribed as the period of night by any regulations made under this section, while such regulations remain in force, shall be the period of night for the purposes of this Act.

• (4) The Minister may by order make regulations substituting either generally or for a particular part of the year and either for the whole of Saorstát Eireann or for a specified area, the period between ten o'clock p.m. on any day and four o'clock a.m. on the next following day for the period between eleven o'clock p.m. on any day and five o'clock a.m. on the next following day as the special period for the purpose of this section if—

• (a) the Minister is of opinion that the climate or any particular season requires such substitution, or

• (b) the Minister is satisfied that organisations of employers and of workers interested in bakeries are agreed that such substitution should be made,

and whenever any such regulations are for the time being in force the period so substituted thereby shall be the special period for the purpose of this section either (as the case may be) generally or for the particular part of the year specified in such regulations.

• (5) Whenever the Minister has, under this section, power to make regulations in respect of specified areas the Minister may by such regulations specify such areas in such manner as he may think fit.

• (6) The Minister shall, by every order made under this section, fix the date on which such order shall come into operation, which date shall not in any case be less than fourteen days after the date on which such order is made.

5 Exceptional work.

5.—(1) The Minister, after consultation with, persons who in his opinion are representative of employers interested in bakeries and with persons who in his opinion are representative of workers so interested, may by order make regulations prescribing as exceptional work any specified process of manufacture done in any bakery to which this Act applies if such process of manufacture is—

• (a) a preparatory or complementary process the carrying on of which in the period of night is necessary to the carrying on of such bakery, or

• (b) a process the carrying on of which in the period of night is necessary for the purpose of arranging a weekly rest for the workers in such bakery,

and whenever the Minister makes such regulations any process of manufacture prescribed thereby as exceptional work, so long as such regulations remain in force, shall be exceptional work for the purposes of this Act.

• (2) The Minister may after such consultation as is mentioned in the foregoing sub-section by order make regulations prescribing as exceptional work for a limited period specified in such regulations all or any of the processes of manufacture carried on in any bakery to which this Act applies if the carrying on of such processes in the period of night is in the opinion of the Minister necessary for the carrying on of such bakery during such specified period owing to—

• (a) an unusual pressure of work, or

• (b) national emergency,

and whenever the Minister makes such regulations any process of manufacture prescribed thereby as exceptional work shall, for the period specified in such regulations, be exceptional work for the purposes of this Act

6 Biscuits for the purposes of this Act.

6.—(1) No goods shall be deemed to be biscuits for the purposes of this Act other than goods prescribed under this section as goods which shall be biscuits for the purposes of this Act.

• (2) The Minister, after consultation with persons who in his opinion are representative of employers interested in the manufacture of biscuits for sale wholesale and with persons who in his opinion are representative of workers so interested, may by order make regulations prescribing the goods which shall be biscuits for the purposes of this Act.

• (3) Whenever regulations made under this section are for the time being in force the goods prescribed by such regulations shall be biscuits for the purposes of this Act.

7 Laying of regulations before Dáil Eireann.

7.—Every regulation made by the Minister under this Act shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

8 Emergency as defence.

8.—It shall be a good defence to any proceedings taken against any person for breach of any of the provisions of this Act if such person shows to the satisfaction of the court before which such proceedings are brought that any act occasioning such breach was—

• (a) necessary to avoid serious interference with the ordinary working of a bakery to which this Act applies, and

• (b) that such necessity arose from any one or more of the following causes, that is to say:—

• (i) through an accident,

• (ii) through avoiding an accident,

• (iii) through doing urgent repairs to plant or machinery, or

• (iv) through an act of God.

9 Power of entry and investigation.

9.—(1) Any member of the Gárda Síochána, if authorised in writing by any Inspector of the Gárda Síochána so to do, may enter at any time in the period of night any premises which are or which he believes or suspects to be a bakery to which this Act applies and may there make such searches and investigations as such member shall think proper, may ask of any person found in such premises such questions in relation to the said premises and the work done and business carried on therein as such member shall think proper, and may demand of any such person his name and address.

• (2) The occupier of any premises, which a member of the Gárda Síochána is entitled to enter under this section, shall do all such things and take all such steps as shall be reasonably required by such member to facilitate, in respect of such premises, the exercise by such member of any of the powers conferred on him by this section, and if any such occupier shall fail or refuse to do anything or to take any steps required of him as aforesaid he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds,

• (3) Every person who shall do any of the following things, that is to say:—

• (a) obstruct or impede any member of the Gárda Síochána in the exercise of any of the powers conferred on such member by this section, or

• (b) fail or refuse to answer to the best of his knowledge and ability any question asked of him by any such member in exercise of a power in that behalf conferred by this section, or

• (c) give an answer to any such question which is to his knowledge false or misleading, or

• (d) when his name or his address is demanded of him by any such member in exercise of a power in that behalf conferred by this section fail or refuse to give his name or fail or refuse to give his address or give a name or an address which is false or misleading,

shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

10 Expenses.

10.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

11 Short title and commencement.

11.—(1) This Act may be cited as the Night Work (Bakeries) Act, 1936.

• (2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister.