Willie Penrose (Longford-Westmeath, Labour)

I move amendment No. 1:

In page 7, between lines 21 and 22, to insert the following subsection:

"(2) The amendment to the National Minimum Wage Act 2000 effected by section 13 does not affect any right, privilege, obligation or liability acquired, accrued or incurred—

(a) under that Act, or

(b) under any contract of employment entered into before the coming into operation of this Act and to which that Act applied.".

In view of recent events and their impact across the country, including the disturbance caused to the general public by the banks, I propose the inclusion of this amendment in the interests of certainty. The Minister is aware that the law must be as certain as we can make it. The courts, when interpreting matters, look to the intentions of the legislators as evinced through various debates and consider the Interpretation Act. They also consider various schematic or literal approaches. I am taking a very literal approach so that if the amendment is included, it will ensure any right, privilege, obligation or liability acquired, accrued or incurred under the Act or under a contract of employment entered into before the coming into operation of the Act, and to which this Act applies, would be maintained. There would not be an effort by some employers to devise some method or scheme by which they could apply what will be passed later in the Dáil today to current or extant contracts. I am very eager for this to be acceded to.

I listened upstairs to the Minister's contribution this morning, as many Deputies listen to the debates. I raised the recitals to the legislation yesterday in the context of the agreement with the EU and IMF. He indicated that this was the Government's proposal. That is peculiar and somebody is at cross-purposes. The Minister for the Environment, Heritage and Local Government, Deputy Gormley, made a reply to Deputy Hogan here on 25 November. The Official Report, 25 November 2010, vol. 723, col. 210 reads:

The party across the way has indicated it will renegotiate the minimum wage.

Yes, we will.

That is nonsensical as this was the first demand by Commissioner Ollie Rehn and others. It had to be in the plan.

That is where the Government failed.

The Deputy's party will not do it.

I know in the cut and thrust of politics things can be said without an awful lot of thought given to them. This was a thoughtful intervention.

I have never come here to raise spurious issues. I sometimes get a bit fed up of this place, to be honest.

See this speech in context