Peadar Tóibín (Meath West, Sinn Fein)

I move amendment No. 12:

In page 13, line 5, after "business" to insert the following:

", including information on payments to directors and companies associated with directors over the previous 3 years,".

This amendment relates to the ability of employers to seek exemptions. As previously stated, it is necessary on occasion for businesses which are severely hard pressed and which have an opportunity to rectify the situation to obtain exemptions. Having worked with private businesses for a long period, I am aware that many try to operate to the full extent of what is allowed under the law. In other words, if a grant is available a business will apply for it regardless of whether such a grant is required. If the opportunity to seek exemptions is open to businesses, they will try to obtain them. I accept that the majority of businesses do not operate in this fashion. However, there are those which do. It is important, therefore, that when legislating we should be careful in the context of how the changes will affect those businesses.

In amendment No. 12 I am seeking the inclusion in the legislation of a specific request to the effect that those applying for exemptions should supply to the Labour Court "information on payments to directors and companies associated with directors during the previous 3 years". It is absolutely within the court's remit to try to obtain such information in any event. I am of the view, however, that we should include in the qualification process an explicit request for such information. Unfortunately, recent events show that businesses have amended their profit and loss levels by making payments and granting other associated expenses to directors. What these businesses have done has changed both their profit and loss accounts and their balance sheets. If a business is in need, then this is due to its profit and loss position. If the latter can be determined by payments made during the previous three years and if the ability of the business to continue to trade is negatively affected because massive payments have been made to directors, it is extremely important that a way of elucidating this is explicitly indicated in the legislation.

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