Arthur Morgan (Louth, Sinn Fein)

I move amendment No. 25:

In page 37, between lines 9 and 10, to insert the following:

"(f) harassment by way of abuse of any provision contained in this Act.".

This amendment would offer some protection to employees from any malicious employers who, for example, chose to abuse the provisions for the testing of alcohol and intoxicants. Given that workers are already considerably exposed to potential abuse under the provisions of 13(c), to which we have just lost an amendment, it is reasonable for the Minister to accept this amendment. I doubt if any of the social partners would have qualms about hauling a malicious employer over the coals for abusing the provisions of section 13(c). There are five paragraphs in section 27 and they all relate to employees and how they may be dealt with. However, there is nothing to deal with the issue of malicious employers. This straightforward amendment is reasonable as it would do so. We now know, as never before, that malicious employers exist. We have seen what has happened in Gama Construction, Irish Ferries and a host of others.

Without a provision like this which gives some balance to section 13(c), employees will be dangerously exposed to malicious employers. Therefore, I ask the Minister of State to see this amendment, which cannot be argued against, as reasonable.

See this speech in context