Protection of Young Persons (Employment) Act, 1996

Powers of inspectors.

22.—(1) The Minister may appoint in writing such and so many persons as the Minister sees fit to be inspectors for the purposes of this Act.

(2) An inspector may for the purposes of this Act do all or any of the following things—

(a) subject to the provisions of this section, enter at all reasonable times any premises or place where he or she has reasonable grounds for supposing that any employee is employed in work,

(b) make such examination or enquiry as may be necessary for ascertaining whether the provisions of this Act are complied with in respect of any employee employed in any such premises or place,

(c) require the employer of any employee or the representative of such employer to produce to him or her any records which such employer is required to keep and inspect and take copies of entries in such records (including in thecase of information in a non-legible form a copy of or an extract from such information in a permanent legible form),

(d) require any person whom he or she has reasonable cause to believe to be or to have been an employee or the employer of any employee to furnish such information as the inspector may reasonably request,

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

(3) An inspector shall not, other than with the consent of the occupier, enter a private dwelling (other than a part of the dwelling used as a place of work) unless he or she has obtained a warrant from the District Court under subsection (6) authorising such entry.

(4) Where an inspector in the exercise of his or her powers under this section is prevented from entering any premises an application may be made under subsection (6) authorising such entry.

(5) An inspector appointed under this section, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an inspector by this Act.

(6) If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that there is information required by an inspector under this section held on any premises or any part of any premises, the judge may issue a warrant authorising an inspector accompanied by other inspectors or a member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter the premises (if need be by reasonable force) and exercise all or any of the powers conferred on an inspector under subsection (2).

(7) A person who—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on an inspector under this section,

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

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

(d) gives to an inspector any information which is false or misleading, or

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

shall be guilty of an offence.

(8) Every inspector shall be furnished by the Minister with a certificate of his or her appointment and, on applying for admission to any premises or place for the purposes of this Act, shall, if requested by a person affected, produce the certificate or a copy thereof to that person.