Brendan Howlin (Wexford, Labour)

While I understand the logic of the Minister of State's comments and accept the thrust of his intentions, he has taken an odd approach to this issue. If his amendment is accepted, the section will read: "A period when a civil servant refuses to carry out the duties of his grade shall as respects the civil servant concerned be considered to be a period of unauthorised absence from duty." Rather than engaging in the pretence that a person is determined to be absent if he or she is not doing precisely as instructed, surely it is possible to provide that failure to do one's duty is a breach of discipline. However convenient the provision may be in terms of dovetailing with existing legislation, it appears to be a bizarre device in providing that a civil servant who does not do precisely as instructed — he or she could be doing other things — is deemed to be absent from duty.

If the Minister of State chooses to take the route outlined in his amendment, will he explain his reasons for choosing this option rather than the more logical approach of simply creating a disciplinary issue for not obeying an instruction? If he adopts this approach, a saver clause will be necessary, such as that proposed in amendment No. 16 in the name of Deputy Burton which proposes to insert after the word "refuses" on page 13 the words "without reasonable excuse". There may be reasons other than those cited by the Minister of State for not carrying out an instruction. For example, an instruction could be improper or health reasons such as exposure to stress could arise. As the recent debate on health and safety legislation demonstrated, a worker may have a myriad of lawful reasons for refusing to take a certain action, including, for example, a belief that it will put him in physical or psychological danger or expose him to undue stress. If the Minister of State proceeds on the route he mapped out, a saver clause such as that proposed in amendment No. 16 is required, notwithstanding the availability of appeals mechanisms under the normal agreements with the trade union movement.

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