Gerald Nash (Louth, Labour)
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If the Deputy recalls, there is a similar provision in the National Minimum Wage Act, 2000 which, in fact, has not been invoked, as far as I can recall, by any employer. The tests are stringent, properly so. This should not be allowed, for example, to distort competition. There is a very clear provision in the heads in that regard. Anybody seeking a derogation of any description will have to deliver very significant financial information to the Labour Court in order to take advantage of it and the derogation will also be time-limited. We have run this through the process of consultation with employers and trade unions and there is some experience of having a test like this with the National Minimum Wage Act which has not been invoked. It must be very robust. Employers, for example, are only allowed two exemptions in a particular period. It is important that we state very clearly that this is tight and robust and will not be open to abuse.