Oireachtas Joint and Select Committees

Thursday, 26 June 2014

Select Committee on Jobs, Enterprise and Innovation

Employment Permits (Amendment) Bill 2014: Committee Stage

10:30 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

I genuinely take the amendment in the spirit in which it is proposed, but one must consider the legislation in its entirety. For the first time we are providing clarity for the courts where exploitation takes place and a judgment is made in a case in which there is no contract. We are bolting to it, for want of a better term, a de minimiscompensatory regime which will at least allow a person where there is a finding in his or her favour to receive compensation based on statutory provisions. In previous court cases there was a lack of clarity. I respectfully contend the amendment as proposed by Deputy Peadar Tóibín could provide for a case in which proceedings could be delayed or the burden of proof on the person being exploited or who could be potentially exploited could become completely unwieldy, as clarity could not be provided for. The sections before us provide clarity and there is absolutely no ambiguity about the rate of compensation being provided for where there is no legal contract. It is on that basis that we are not accepting amendment No. 8.

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