Brendan Howlin (Wexford, Labour)

The Minister of State is going his own way and I will not delay the House by taking issue with him. It is always dangerous, however, to craft law according to one case. The section will apply where someone is not carrying out the duties assigned to him by way of industrial dispute or protest but it applies in other areas as well. That is the nature of drafting statute. There should be a saver clause because the refusal to carry out an instruction when it will put a person at risk, leave him open to bullying or the instruction is improper should be entertained and that is why I suggested it.

The Minister of State's difficulty with the saver clause is that it might be a reasonable excuse to follow the instruction of the trade union, something with which I agree. That said, the wording in the Bill is so narrow as to leave the possibility of sanction for people who have decided not to carry out an instruction for a proper reason other than following the instructions of a trade union in an industrial dispute. I am concerned about the baldness of the wording without the saver clause.

See this speech in context