Oireachtas Joint and Select Committees

Thursday, 17 May 2018

Select Committee on Social Protection

Employment (Miscellaneous Provisions) Bill 2017: Committee Stage

10:00 am

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

I also have an amendment. This exercised everybody's attention on Second Stage. The Minister has made some progress on the bands and has explained her rationale.

The Minister said we can bring in something that will apply to every employee other than the cohort in precarious employment who are vulnerable and so on. One can understand that rationale but the Minister could improve on what is there.

I subscribe to what Deputy Brady said. I do not think there is a lacuna. In the court, any ambiguity would be construed in favour of the person in the weaker position. I have no doubt but that legally it would be sound. In order to have a belt and braces, however, and leave no room for ambiguity, I am quite happy to support Deputy Brady's amendment. I tabled mine late which might well reflect the fact that the three hours would be ruled out. The three hours are paramount.

We have to consider people's ability to engage in normal economic activity at an earlier stage and try to deal with financial institutions and so on. If they are very wide there is great scope for the employer to swoop in and reduce the hours very easily. I am happy to withdraw my amendment in favour of Deputy Brady's if that is the general view.

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