Willie Penrose (Longford-Westmeath, Labour) | Oireachtas source

I also oppose the section and agree with Deputy O'Dea. There are lots of employers out there, some of whom are very small and we must take a balanced view on this. Deputy Joan Collins is correct in pointing out that if some of the other amendments had been accepted, we certainly would be wholeheartedly opposing section 9. The problem, when one starts introducing criminal sanctions, is that small shopkeepers who are doing their best, for example, who are employers according to the definitions in the Bill could be dragged into court over a small matter that can be sorted out more easily. As Deputy O'Dea suggests, it could be dealt with on an administrative basis with the employer being obliged to disprove the allegation or presumption. We all agree that a written record of the core conditions should be provided on the day employment starts but if there is a one-day delay in that, the employer could be subject to a criminal sanction. There is no provision for discretion or leeway. I know that ICTU was not excited by section 9 as it stood. Maybe the Minister can review it before Report Stage. She said earlier that she wanted to bring down the hammer on anyone who deviates from the standards she is trying to implement and I understand that. Our problem is that some of the things we would like to have seen included in the Bill are not included. Therefore, we are in a catch-22 situation in respect of this section.