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IMEACHTA AN CHOISTE SPEISIALTA.PROCEEDINGS OF THE SPECIAL COMMITTEE.Dé hAoine, 11 Feabhra, 1955.Friday, 11th February, 1955.1. The Committee met at 10.30 a.m. 2. Members Present. The following members were present:— Deputy Kyne (in the Chair), the Minister for Industry and Commerce, Deputies Carew, J. Larkin, Lemass, Mrs. Lynch, T. Lynch and O’Malley. 3. Consideration of Bill. The Committee resumed consideration of the Bill. (i) New section. The following amendment had been proposed by the Minister for Industry and Commerce on 3rd February: “Before section 72 (but in Part V) to insert a new section as follows:— ‘72.—Where the persons employed in a factory have selected from among themselves a committee (in this section referred to as the Safety Committee) for the purpose of giving advice and assistance relating to the safety and health of the persons employed the following provisions shall have effect: (a) the Safety Committee may request the occupier of the factory to make an entry in the general register noting— (i) the establishment of the Safety Committee, and (ii) if the Safety Committee has nominated one of its members to be the Safety Delegate for the purposes of this section, the name of the Safety Delegate, (b) the occupier shall consider any representations made to him by the Safety Committee on matters affecting the safety and health of the persons employed, (c) an inspector shall consider any representations made to him by the Safety Delegate, (d) an inspector shall be entitled, should he so wish, to have the Safety Delegate accompany him on his tour of inspection of the factory or any part of such tour.’” Debate was resumed on the following amendment thereto proposed by Deputy Lemass on that day:— “In lines 3 and 4, to delete ‘giving advice and assistance’ and substitute ‘assisting the occupier in securing compliance by persons employed in the factory with the provisions of this Act.’” Amendment to the proposed new section, by leave, withdrawn. Amendment, by leave, withdrawn. (ii) Sections 72 to 77 inclusive, agreed to. (iii) Section 78. Amendment proposed (Deputy J. Larkin): “To delete subsection (9).” Amendment agreed to. Section, as amended, agreed to. (iv) Sections 79, 80 and 81 agreed to. (v) New section. Amendment proposed (Deputy J. Larkin): “Before section 82 to insert a new section as follows:— ‘( ) The Minister may make regulations prescribing that suitable protective metal screens shall be erected around band operated oil-filled circuit breakers of such a nature as to ensure adequate protection to workers in the event of an explosion in such switchgear.’” Amendment, by leave, withdrawn. (vi) Section 82 agreed to. (vii) New section. Amendment proposed (Minister for Industry and Commerce): “Before section 83 to insert a new section as follows:— ‘83.—(1) Where, in any premises which are subject to inspection by or under the authority of any Minister of State, mechanical power is used and any manual labour is exercised for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting for sale, of any article, and the premises do not constitute a factory, the provisions of this Act hereinafter in this subsection mentioned shall apply as if the premises were a factory and the persons having the control of the premises were the occupier of a factory, that is to say: (a) the provisions of Part I; (b) the provisions of Part II with respect to lighting; (c) the provisions of Part III with respect to prime movers, transmission machinery, other machinery, safety devices, fencing of materials or articles, unfenced machinery, construction and maintenance of fencing and construction of machinery; (d) the provisions of Part V with respect to removal of dust or fumes, protection of eyes in certain processes and special regulations for safety and health; (e) the provisions of Part X with respect to powers and duties of inspectors and regulations, orders and certificates of the Minister; (f) the provisions of Part XI; (g) the provisions of Part XII; (h) the provisions of Part XIII with respect to special regulations. (2) The provisions of subsection (1) of this section shall not apply in relation to premises referred to in subsection (1) of section 82 of this Act, but the said provisions shall have effect notwithstanding subsection (3) of that section.’” Question:—“That the new section be there inserted”—put, and agreed to. (viii) Section 83. Amendment proposed (Deputy J. Larkin): “In subsection (1), before paragraph (b), to insert a new paragraph as follows:— ‘( ) the provisions of Part II with respect to sanitary conveniences;’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy J. Larkin): “In subsection (1), before paragraph (c), to insert a new paragraph as follows:— ‘( ) the provisions of sections 32, 33 and 34 of Part III’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy J. Larkin): “In subsection (1), paragraph (d), lines 47 and 48, to delete ‘with respect to welfare regulations’ and substitute ‘other than section 54’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy J. Larkin): “In subsection (1), paragraph (g), lines 52 and 53, to delete ‘so, however, that the said provisions shall apply in the case of warehouses only’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy J. Larkin): “In subsection (2), line 19, to insert ‘(d)’ before ‘(e)’ and to insert ‘(g)’ before ‘(i)’.” Amendment, by leave, withdrawn. Section agreed to. (ix) Section 84 agreed to. (x) Section 85. Amendment proposed (Deputy J. Larkin): “In subsection (1), before paragraph (g) to insert a new paragraph as follows:— ‘( ) the provisions of Part VII;’.” Amendment, by leave, withdrawn. Amendment proposed (Deputy J. Larkin): “To add to the section two new subsections as follows:— ‘(4) Any person undertaking any building operations to which this Act applies shall, not later than seven days after the beginning thereof, serve on the Minister a written notice stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, whether any mechanical power is used and, if so, its nature and such other particulars as may be prescribed. (5) The preceding subsection shall not apply to any operations which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the Minister may direct.’” Amendment, by leave, withdrawn. Section agreed to. (xi) Sections 86 to 94 inclusive, agreed to. (xii) Section 95. Amendment proposed (Minister for Industry and Commerce): “In subsection (3), page 61, lines 51 and 52, to delete ‘ powers of entry, inspection and taking of legal proceedings’ and substitute ‘powers of entry and inspection’.” Amendment agreed to. Section, as amended, agreed to. (xiii) Sections 96 to 106 inclusive, agreed to. (xiv) Section 107. Amendment proposed (Minister for Industry and Commerce): “Before subsection (2), to insert a new subsection as follows:— ‘(2) Where an offence under this Act consists of a contravention of a provision which is to be enforced by a sanitary authority the offence may be prosecuted by the sanitary authority.’” Amendment agreed to. Section, as amended, agreed to. (xv) Sections 108 to 123 inclusive, agreed to. (xvi) Section 124 deleted. (xvii) New section. Amendment proposed (Minister for Industry and Commerce): “Before section 125 to insert a new section as follows:— ‘(1) There shall be a council consisting of a chairman and eight ordinary members (in this section referred to as the Advisory Council) to perform the functions assigned to it by this section. (2) The Advisory Council shall consider, and advise the Minister on, any matters arising on or in relation to the execution of this Act (including any proposals by the Minister to make, amend or revoke any orders or regulations under this Act) which the Minister may refer to the Council. (3) The Advisory Council may, as they consider necessary from time to time, advise the Minister on— (a) the desirability of making, amending, or revoking any orders or regulations under this Act, (b) matters relating to the enforcement of the provisions of this Act or of orders or regulations made under this Act, (c) the organisation or promotion of safety and welfare campaigns among employees and employers, (d) the organisation of lectures, film shows or exhibitions, the publication of posters or pamphlets or any other measures, being lectures, film shows, exhibitions, posters, pamphlets or measures designed to educate employees and employers on questions of safety and welfare in factories and on methods of safeguarding and improving the health of workers. (4) The chairman and the ordinary members of the Advisory Council shall be appointed by the Minister. (5) The first such appointment shall be made as soon as conveniently may be after the commencement of this Act and subsequent appointments shall be made from time to time as occasion requires. (6) In appointing persons to be ordinary members of the Advisory Council, the Minister shall include persons representative of organisations of employees and of organisations of employers. (7) The chairman and the ordinary members of the Advisory Council shall hold office for such period as the Minister may decide.’” Question:—“That the new section be there inserted”—put, and agreed to. (xviii) Section 125. Amendment proposed (Minister for Industry and Commerce): “To delete subsection (3).” Amendment agreed to. Section, as amended, agreed to. (xix) First, Second and Third Schedules, agreed to. (xx) Title agreed to. 4. Report of Committee. The Chairman brought forward a Draft Report which was read as follows:— “The Special Committee has gone through the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.” Draft Report agreed to. Ordered: To report accordingly. 5. Conclusion of Business. The Committee concluded its business at 12.15 p.m. |
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