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

I move amendment No. 37:

In page 14, to delete lines 24 to 27 and substitute the following:

A	1 hour	7 hours
B	8 hours	15 hours
C	16 hours	24 hours
D	25 hours	34 hours
E	35 hours and over

Deputies will recall that the width of the bands in section 15 were the subject of major focus during Second Stage discussions. The general consensus was that the bands were too broad and needed to be narrowed. I indicated during the debate that we were open to considering Committee Stage amendments to address this issue on the basis that any amendment has to strike a fair balance for employers and employees. Deputies will note that I have brought forward an amendment today to reduce the bands. The bands are being narrowed considerably from those in the published Bill. Deputies might note that bands proposed in the Government amendment are narrower at the lower end of the scale rather than at the higher end of the scale. This is consistent with the focus of the Bill. The aim is to focus on those most in need who are in need of greater protection, including low-paid and vulnerable workers. The band's width ranges from six hours to nine hours, representing a significant change to the Bill.

The bands I am now proposing are significantly narrower than those proposed originally by ICTU when the Department first engaged with the congress on discussions on the draft heads of the Bill in 2016. I appeal to Deputies to reflect on that.

I call on Deputies to remember that the banded hours provisions will apply to every employer in every sector of the economy and not only to the sectors in which banded hours are a normal part and practice of the working environment. It is critical, therefore, that the bands are sufficiently broad to allow some degree of flexibility.

The bands proposed in the Opposition amendments are too narrow. They appear to be based on the banded hour arrangements that operate with individual companies in the retail sector. The narrow bands are a result of collective bargaining in that sector. They are based on individual businesses. Those banded hours work for that particular company in that particular sector. However, I believe it would be a major mistake to take those bands and impose them on every employer in the country.

Let us consider the hospitality sector. There are fluctuations in the work that the employer and employee know of, expect and cater for during seasons and the year. However, the narrow bands will not allow for those fluctuations to be catered for. How will it work in pubs? Such businesses are subject to fluctuations when a big match is on a Wednesday night, for example, when there is good weather and people come out or when there are seasonal changes in spots in the west coast or east coast. Having large numbers of narrow bands will make it difficult for employers and employees. Therefore, I urge Deputies to reflect carefully on the bands we have offered. I look forward to having a conversation with them and to hearing their comments.