Peadar Tóibín (Meath West, Sinn Fein)

I move amendment No. 20:

In page 20, lines 32 and 33, to delete "but does not include" and substitute "including".

It is important to cite the full subsection, which is an important part of the legislation as well as its most controversial. It is the part of the Bill with which most of the Deputies present have difficulty, as it will have the greatest negative effect on those who can least afford it. The subsection reads:

In this section 'remuneration' means consideration, whether in cash or in kind, which a worker receives from his or her employer in respect of his or her employment but does not include:

(a) pay or time off from work in lieu of public holidays;

(b) compensation under section 14 of the Organisation of Working Time Act 1997 resulting from the requirement to work on a Sunday;

(c) payments in lieu of notice; or

(d) payments referable to a worker's redundancy.

We are removing rights previously afforded to workers. I launched legislation on this matter last July. As has been often stated since the beginning of our debate, necessary efforts needed to be made to help those who could least afford this change.

People who work on Sundays in the sectors in question are typically part-time workers. As my colleague stated, they are usually women trying to buttress the family wage with a few extra euro. It is a difficult time for them to work, as it reduces their time with their families. We meet members of this group regularly. Deputies, Ministers and advisers on large wages sit on comfortable seats in restaurants on Sundays and are served politely and efficiently by individuals whose wages they have just reduced. While preparing my legislation, we worked closely with the unions, which had the greatest difficulty with this issue. Will the Minister ensure we do not take the economic floor out from under these people and their families?

I have some details of the Minister's response on this matter on Committee Stage. He referred to working towards a code that would solve this issue. As legislators, we should not delay issues that need to be resolved now. We may not be able to resolve them in future. The Minister stated, "The proposed code would provide guidance to employers, employees and their representatives, in sections covered by EROs, on arrangements that may be put in place to comply with the options", etc.

My understanding is we are being asked to accept this reduction in the livelihoods of those who can least afford it on a promise that at some time in future, something will be put together - a code or guideline - to try to safeguard the wages of these people.

The wages of these people have already been reduced in the time between the judgment and now. I understand there are pressures on small businesses, and certain firms find it difficult to open on a Sunday. There are opportunities to offer more business and services to tourists and even the native Irish on Sundays. Since being elected, my requests here have been that when we are looking to reduce business costs and promote efficiencies, we should look everywhere else before looking in the pocket of those who are poor. We should leave no stone unturned.

Upward only rents are closing businesses day in and day out in the State. Rates are set which affect large multinationals in exactly the same way as the small, family corner business teetering on the edge. Insurance costs are also savaging small businesses, along with the energy costs which make it very difficult. There are also regulatory costs. Instead of one path dealing with enforcement and regulation of small business, a company can have a plethora of letters falling on its desks asking to look into roughly the same issues. It can be difficult to deal with those regulations.

There are many places where people in this Chamber can go to find the efficiencies and cost savings that small businesses need before taking the euro from the pockets of the working poor in this State. That is why I request the Minister to think long and hard before pushing this through.

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