Mr. Neil McDonnell:

I might answer that. I acknowledge the Deputy has questioned me on this before. My colleague talked about this as an issue for 2.6% of the workforce. That is one in 40. While the committee is asking us to produce evidence of a problem, we are suggesting to it that its own study is telling it that this problem does not relate to 39 out of 40 workers. Can the committee justify it and has it done a regulatory impact assessment to suggest this is a proportionate response to the problem that exists?

I have represented and dealt with large numbers of employers where the NERA inspector was available or there was an external method of checking what was going on. We would like to know whether the initiators of the proposed legislation have quantified why the enforcement mechanism is not working and what is the appropriate way to deal with it, not to apply a catch-all Bill that will hurt.

With respect to some of the large employers who are represented here, as a representative of the smaller businesses, I think it will disproportionately affect small businesses in which the administrative ability to manage this sort of legislation will not be present. I suggest the committee hear loud and clear what is being said to it. The market always solves these problems. If the Government imposes this on a small business that is unable to manage, it will push the problem out the door and into an area where it will become progressively harder for the enforcement authorities to deal with. Please manage the problem for the 39 out of 40. Do not hit with a sledgehammer the one job in 40, which we do not doubt is being affected.