No. 23/1975:

EMPLOYMENT PREMIUM ACT, 1975

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Establishment, purpose and duration of Scheme.

3 Determination of application of Scheme.

4 Payment to employers of employment premiums.

5 Information and forms.

6 Inspectors.

7 Offences.

8 Expenses.

9 Short title.

AN ACT TO ENABLE THE MINISTER FOR LABOUR TO MAKE, BY MEANS OF A SCHEME TO BE KNOWN AS THE PREMIUM EMPLOYMENT PROGRAMME, PAYMENTS TO EMPLOYERS ENGAGED IN AGRICULTURAL (INCLUDING HORTICULTURAL) AND CERTAIN MANUFACTURING INDUSTRIES FOR THE PURPOSE OF ENCOURAGING EMPLOYMENT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE AFORESAID MATTER.

[6th August, 1975]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"employment premium" has the meaning assigned to it by section 4 of this Act;

"the Minister" means the Minister for Labour;

"the Scheme" has the meaning assigned to it by section 2 of this Act.

2.—(1) The Minister may, in accordance with this Act, establish and administer a scheme which shall be known as the Premium Employment Programme (and is in this Act referred to as the Scheme) and may from time to time amend the Scheme.

(2) The purpose of the Scheme shall be to encourage employers in industries or activities to which the Scheme applies to employ persons to whom it applies.

(3) The Scheme shall—

( a ) so far as it applies to agriculture (including horticulture) come into operation on the 3rd day of August, 1975, and

( b ) so far as it relates to manufacturing industries, be deemed to have come into operation on the 29th day of June, 1975,

and shall cease to have effect on the 26th day of June, 1976, without prejudice to any conditions of the Scheme which continue to apply after that date.

3.—(1) The Minister may, with the consent of the Minister for Finance, so far as the Scheme applies to manufacturing industries determine (and shall specify in the Scheme) the industries or the activities in specified industries to which the Scheme applies and the persons or classes of persons to whom it applies.

(2) Without prejudice to the generality of subsection (1) of this section, a determination under this section, may be made by reference to such matter or in such manner as the Minister thinks fit and, in respect of such a determination of a person or class of persons may include a requirement of a specified minimum period of unemployment.

(3) The Minister may, with the consent of the Minister for Finance, specify in the Scheme industries, activities in specified industries, persons or classes of persons (denoted by reference to any matter or in any manner which he thinks fit) to which the Scheme does not apply.

4.—(1) The Scheme shall provide for the payment by the Minister to an employer to whom it applies of a sum (to be known, and in this Act referred to, as an employment premium) in respect of the person or persons to whom the Scheme applies employed by that employer.

(2) An employment premium shall be of such amount as may be specified in the Scheme, and different amounts may be so specified for different periods.

(3) Notwithstanding subsections (1) and (2) of this section, the Scheme may provide for the reduction or non-payment of an employment premium in a case where the Minister is satisfied that the employer concerned is in receipt of, or has received, moneys by way of a grant or loan from any body established by statute for the purpose of promoting, encouraging or assisting employment or industry.

5.—The Scheme may contain provisions requiring an employer applying for an employment premium to furnish to the Minister such information as, in his discretion, he considers necessary in order to enable him to determine whether or not the Scheme applies to that employer, to an industry or activity in a specified industry carried on by him or to an employee or class of employee employed by him, and may provide for such forms as the Minister considers necessary for that purpose and generally for the effective administration of the Scheme.

6.—(1) In this section "inspector" means a person appointed by the Minister to be an inspector for the purposes of this Act.

(2) An inspector may—

( a ) enter at all reasonable times any premises or place occupied by an employer who has applied for an employment premium.

( b ) make therein any examination or enquiry necessary for the purpose of the effective administration of the Scheme,

( c ) require an employer or his representative to produce any records and inspect and take copies of entries in the records,

( d ) examine with regard to any matter under the Scheme any person whom he has reasonable cause to believe to be or to have been an employer or employee and require him to answer such questions (other than questions tending to incriminate him) as the inspector may put relative to such a matter and to sign a declaration of the truth of the answers.

(3) The powers conferred on an inspector by subsection (2) (a) of this section shall not be exercisable in respect of a private dwelling house unless the Minister (or an officer of the Minister appointed by the Minister for the purpose) certifies that he has reasonable grounds for believing that an offence under this Act in relation to an employee employed in the house has been committed by the employer, and the inspector in applying for admission to the house produces the certificate.

(4) Any person who—

( a ) obstructs or impedes an inspector in the exercise of any power conferred by this section,

( b ) refuses to produce any record which an inspector lawfully requires him to produce,

( c ) produces, or causes to be produced or knowingly allows to be produced, to an inspector any record which to his knowledge is false in any material respect,

( d ) prevents, or attempts to prevent, any person from appearing before or being questioned by an inspector, or

( e ) wilfully fails or refuses to comply with any lawful requirement of an inspector under subsection (2) (d) of this section,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £300 or, in the case of a second or subsequent such offence, £400.

(5) An inspector shall be furnished with a certificate of his appointment and, on applying for admission to any premises or place, shall, if so required, produce the certificate to the occupier and to any person being examined by the inspector.

7.—(1) A person who furnishes false information or makes a false statement in connection with an application for an employment premium shall be guilty of an offence.

(2) Where an offence under this Act was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the body corporate, he also shall be deemed to have been guilty of the offence.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £300 or, in the case of a second or subsequent such offence, £400.

(4) An offence under this Act may be prosecuted by the Minister.

(5) A prosecution under this Act may be instituted within twelve months after the offence.

8.—The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

9.—This Act may be cited as the Employment Premium Act, 1975 .