Regina Doherty (Meath East, Fine Gael) | Oireachtas source

Deputies will recall that the length of the reference period in section 15 of the Bill came in for particular scrutiny and attention during the debate on Second Stage. The general consensus was that a period of 18 months was too long and many Deputies suggested shorter periods. I indicated at that Stage that we would consider addressing the concerns that were raised. We are now introducing an amendment to reduce the reference period to 12 months. The reference period was selected for a number of reasons. It is the normal length of an annual business cycle. It should be sufficiently long enough to take account of the seasonal fluctuations and normal peaks and troughs of most businesses. It is easy to deliver so it should be an easily workable solution for both employers and employees. The reference period recommended by the Joint Committee on Jobs, Enterprise and Innovation in its report following scrutiny of Sinn Féin's Bill proposed the introduction of the banded hours arrangements and we have reflected on that. I note from the amendments tabled by others that there is considerable support for the 12-month reference period and I thank the Deputies for that. What we are proposing today is in line with the views of Deputies David Cullinane, John Brady, Joan Collins and Clare Daly.

I appreciate Deputy Willie Penrose's amendment No. 31. It obviously has good intentions but I am not sure that it improves matters for the employee. I know the Deputy has more practical daytime experience on this particular issue than I do but the amendment would significantly weaken the position of an employee who has been placed on a band of hours in exercising his or her rights under the section because there is no date for the review given in the Deputy's proposed amendments. An employer could potentially review the banded hours arrangement the day after an employee had been put on a band of hours and revert to the employee's previously contracted band of hours, if that is what the employer wanted to do. I know that is not what the Deputy means for the amendment to do. What we included in the original draft of the Bill is meant to ensure that the look-back and the look-forward are established so that once a person is put on a band of hours, he or she can stay on that banded hours contract for a significant length of time. The Deputy's amendment might serve to allow a person to be put on a band of hours today but for that band to be reviewed tomorrow or next week and the person put right back to where he or she was, which is not what any of us wants. I will not be able to accept the Deputy's amendment, but I will be pressing my amendments Nos. 32 and 34.