Peadar Tóibín (Meath West, Sinn Fein)

I move amendment No. 10:

In page 12, line 12, to delete "24 months" and substitute "12 months".

These amendments address the maximum duration for a derogation under the inability to pay clause. The issue was discussed on Committee Stage but needs to be discussed again. There is no doubt that the small business sector is in major difficulty and that the Government needs to do all it can to ensure it survives. However, there is a balance that needs to be achieved. On one side, there is a strong onus to ensure the rights of workers are not unduly affected negatively in an effort to keep a business on life support when the problem could be terminal. My concern is that if a business is given an exemption for 24 months, there is a possibility that particular businesses will see it as opportunity to gain a competitive advantage for 24 months. Having an exemption for two years out of every five could give a significant competitive advantage. Who will pay for this? It will be paid for out of the pockets of the workers providing the service or manufacturing the product of the company in question. I understand why the exemption is being given. However, the equilibrium should be set at 12 months. This would ensure a business would have one year in which to get its house in order and head above water. In the case of the alternative, there will be businesses which will use the period of 24 months for their own competitive advantage, even if they do not necessarily need it.

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