Gerald Nash (Louth, Labour) | Oireachtas source

As I did not have an opportunity to respond to remarks made on the motion, I should point out that I find it unfortunate that the amendments had to be presented in this manner. This has been done for reasons that are beyond my control and I fully accept that it is an imperfect way of doing business that should not become de rigueur. This is complex legislation. We are in the business of trying to ensure that it works for employers and employees and that the service assists in transforming the landscape and becomes much easier and more effective for those who need to use it.

Many criticisms have been made of the way in which we intend to structure the Low Pay Commission since we first announced the concept some time ago. I do not accept the criticism that the remit of the new organisation is narrow. The opposite is the case as the commission's role will extend far beyond setting the rate of the national minimum wage on an annual basis. The body was established on an interim basis at the end of February and, given the short timeframe it has to report to me and Government and make a recommendation for a new rate for the national minimum wage, it has focused on this task in the early months of its existence. I do not make any apologies for that.

Section 5 provides that the Low Pay Commission may be requested by the Minister to examine and report on such matters related generally to the functions of the commission under the Act. This may be a rather an inelegant way of providing that the commission will have a broad remit. In addition, its remit will be very much based on concerns expressed in the House every week about matters related to low pay. This Government and subsequent Governments will need to be conscious of this issue and address it in a democratic fashion.

The Government must provide the Low Pay Commission with its work programme not later than two months after the legislation has been enacted and, subsequently, by the end of February each year. In doing so, it will reflect on the state of play in respect of low pay, the incidence and prevalence of low pay and various related matters and various sectors that may be of concern to the House and Governments in future. This is how the Low Pay Commission's work programme will be developed. It will be adopted by the Government each year and sent to the commission for its examination. This will allow me and future Ministers to ask the commission each year to do the work all Deputies want it to do and advise the Government in an expert and evidence based manner about the best approaches to take. For these reasons, I cannot accept the proposed amendments.

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