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

I move amendment No. 13:

In page 9, line 19, to delete “intimidation.”.” and substitute the following: "intimidation.

(6) Where in any proceedings facts are established by or on behalf of a complainant from which it may be presumed that this section has been contravened the onus shall be on the respondent to prove the contrary.".".

Section 10 contains various provisions for the penalisation of an employer who acts incorrectly to the workers' detriment or adversely, as Deputy Brady's amendment No. 12 stated. We are simply putting in a provision that if an accusation is made by the worker, the onus should be on the employer to rebut it and that there would be a presumption that what the worker is saying is correct. I must say I am not as enthusiastic about the amendment now, even though I am proposing it, as I was hitherto, in view of the fact that section 9 is part of the Bill. I had envisaged we would be getting rid of section 9.