Dáil debates

Thursday, 27 February 2014

County Enterprise Boards (Dissolution) Bill 2013: Report and Final Stages

 

12:45 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 5, between lines 3 and 4, to insert the following:

"(c) A local authority will only provide financial support by way of loan or grant aid to a company that is compliant with all employment law and labour court judgements.".
We had a discussion on Committee Stage on the importance of ensuring that where possible workers' rights are maintained within all legislation enacted by Government, in other words, to workers' rights proof all Government legislation. The Minister, Deputy Bruton, said he was opposed to this. I am not convinced by his response that this cannot be done. In all sectors of enterprise, as in the world at large, there are unscrupulous individuals who will work for their own benefit against the common good, often breaking the law to do so. All the regulation in the world is not worth a blade of grass if the legislation in place is not enforced. Much of the time in this country enforcement is considered in the context of cost, which is usually a factor in it not being provided for by the State. However, we are sometimes lucky enough to come across an area in which there is no cost in terms of enforcement. This is one such area.

Legislation to strengthen subcontractors' rights was recently enacted. However, I have been speaking to subcontractors who have told me that enforcement of those rights is still not good enough and as a result some of them are being forced out of business and wages are not being paid. We need only look to the US, which has a system whereby the State pays subcontractors directly if needs be, which shows how enforcement can be efficient and cost-free. In this country, the Government takes tax law very seriously. Non-compliance with tax law will force a person out of business.

We have seen what happens to individuals. There was a man on hunger strike outside the gates of the Oireachtas previously who was not in compliance with the household charge. He was not given a tax certificate and therefore could not operate his business. Now, we have an opportunity to strengthen significantly workers' rights. The amendment simply seeks to put in place a provision whereby if a company breaks employment law then it is not afforded the funds or finances of the taxpayer. There are clear parallels between this and tax regulation in the State. Is a breach of employment law any less significant to Fine Gael or the Labour Party than a breach of tax law? Why can we not put something in the legislation to solve that problem?

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