Micheál Martin (Cork South Central, Fianna Fail)

I move amendment No. 171:

In page 22, line 34, to delete "A person referred to in subsection (1) or (2) shall not keep" and substitute the following:

"Neither a person referred to in subsection (1) or (2) nor a person acting on his or her behalf shall keep".

I agree with the Deputy that it is unconscionable that any person acting on behalf of the employer should hold or retain personal documents belonging to an employee. However, the Parliamentary Counsel has pointed out that the second part of amendment No. 172, as drafted, is too wide. For example, if accepted it would mean that a friend or family member of a migrant worker could not retain a personal document belonging to that worker without first securing the Minister's permission. Hence, I propose amendment No. 171, which essentially captures Deputy Howlin's proposals on Committee Stage.

See this speech in context