Willie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

I oppose the section because it provides that if the employer, for whatever reason, fails to provide a statement of core conditions on time, which we all accept is very important, he or she will be guilty of a criminal offence with the possibility of a class A fine or a term of imprisonment. Looking at this as objectively as I can, while taking the point the Minister made earlier about a sledgehammer, I think this is overkill. I am very uneasy with the idea of criminal sanctions being imposed in labour law. There is a better way to deal with this. There are several amendments in my name and the names of various other Members that put the onus of disproving the allegation on the employer. The way to do this is to have a civil or administrative remedy, as we have in all other aspects of labour law. If an accusation is made, the onus must be put firmly on the person against whom the accusation is made, that is, the employer, to rebut it. We must also strengthen the penalisation provisions. Amendments have been proposed by various Opposition Deputies, which would do just that. Employers and unions agree with me that it would be better and more balanced legislation if we included those changes that are proposed in other amendments, rather than having the shadow of Mountjoy hanging over every small business person in the country.