Brendan Howlin (Wexford, Labour) | Oireachtas source

I thank Deputy McDonald for tabling the amendment. I want to acknowledge from the start that my approach is exactly that - namely, to see how we can jointly, as a committee, work to improve the Bill.

The effect of the amendment put down by Deputy McDonald would be to delete that part of subsection (b)(i) of the definition of "worker" relating to contractors which excludes from the definition of persons "whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual". As I explained during Second Stage, it has been my intention at all times to include within the definition of "worker" the widest possible range of persons who interact in the workplace. In this regard, I am anxious to ensure that contractors come fully within the ambit of the legislation.

I have asked my officials to look very carefully at the amendment the Deputy has put forward. Having considered the proposed amendment, for the purposes of getting greater certainty in regard to the achievement of this objective - that is, to achieve the widest possible inclusion of workers - I have asked the Office of the Attorney General to consider a redrafting of the definition of "worker" so as to provide for a simpler definition of "contractor" than that currently set out in the Bill in parts (b)(i) and (b)(ii) concerning the definition of "worker".

I hear what Deputy McDonald is saying. I ask her to bear with me in this regard because I propose to bring my own amendment on Report Stage which should not only meet the Deputy's concern, which she has ably voiced today, but also provide greater clarity in regard to the position concerning contractors. To be truthful, we lifted this from the UK legislation and it has worked very well there. However, the Deputy makes a good point, and I want to have greater clarity. If she bears with me, I will get the Attorney General to craft something that I hope we will both find fit for purpose.