LEGISLATION implementing an EU directive on a maximum 48-hour working week is to be opposed by Fianna Fail and the Progressive Democrats.

The Fianna Fail spokesman on labour affairs, Mr Tom Kitt, said the rights and freedom of individuals were being trampled on by not allowing for a voluntary opt-out. It was incomprehensible that the Government should introduce legislation which would lead to workers losing out financially.

Workers were extremely concerned that "they are being denied their right to choose the number of hours they work each week".

While the Bill would affect only 6 to 7 per cent of workers overall the security industry said 100 per cent of their workers would be affected. He believed the industry should be regulated by legislation with a proper licensing system for security firms.

"If that were done and an opt out clause under a collective agreement were put in place, then the concerns of many workers in that industry would be met and the growth of the black economy and unscrupulous employers in this sector would be severed once and for all."

He welcomed some aspects of the Bill, including the prohibition on "zero-hour" contracts and the proposal that employees would be entitled to notification of their working hours.

The Progressive Democrats leader, Ms Mary Harney, said her party would oppose the Bill. Its implementation would lead to a drop in earnings for many Irish workers. Why, she asked, couldn't the Government have followed the British example and allow workers to decide for themselves how many hours a week they would work?

"Our tax system already penalises people who earn modest gross wages, forcing them to use overtime to top up their take-home pay. Why penalise them further by limiting their right to overtime?"

The Bill could doe severe damage to the economy, costing up to £109 million a year. That was the equivalent of increasing the standard rate of corporation tax by 4 per cent.

She asked the Minister of State for Labour Affairs to answer four questions: would any worker lose a job as a result of the change? Would any worker suffer a drop in wages? Would industrial costs rise? Was there a certainty that no foreign investment project would be lost as a result?

For the first time under this proposal, "bureaucrats in Brussels will be able to limit the earnings of Irish workers. It is remarkable that the Irish Government should decide to go along with this."

What would happen if the EU decided to reduce the maximum working week to 44 hours or to 40? The security industry would be particularly badly hit. By its nature it depended on people working long anti-social hours. If a factory closed at 7 p.m. and reopened at 7 a.m. the following morning there was little point in hiring a security man who finished at 4 a.m. and left the premises unattended.

The regulations would have to be enforced by inspectors. In a country where widespread tax and welfare fraud was tolerated by the Government, what was the chance they would be evenly enforced throughout the economy?

Introducing the Organisation of Working Time Bill, the Minister of State, Ms Eithne Fitzgerald, said it would give effect to the EU directive but went further on a number of fronts.

The 48-hour week could be averaged over four, six or 12 months, fully providing for seasonal work or a rush of overtime to meet a particular order.

Hours were calculated net of meal breaks. The present limit on working hours in industry was 53 hours. Since this was set in the 1930s, average working hours had fallen by five hours a week. "I don't believe that in this day and age workers should be asked to work excessive hours in order to earn a decent wage."

Excessive working hours could be damaging to health and tired workers could put their own health or that of their colleagues at risk. "Excessive working hours have been linked to workplace accidents, to stress and to health problems. A California study has shown that working over 48 hours a week can double the risk of coronary heart disease."

The Bill would extend the present legal right to paid holidays from three to four weeks, phased in over three years to 1999. It would outlaw "zero hour" contracts. Employers would be required to give advance notice of working hours to their employees who would be entitled to payment for a minimum numbers of the hours they had to be available.

The Defence Forces and Garda would be exempt. Flexibilities were also being built in for agriculture, public utilities, the media, security and industries which could not be interrupted on technical grounds. Debate on the Bill was adjourned.