David Cullinane (Waterford, Sinn Fein) | Oireachtas source

I try to be measured and fair but it is very difficult when one reads the Minister's response to our Bill. It is incredibly disingenuous and very inaccurate. If the Minister actually reads the Bill, on page 3 where it refers to the provision of banded hour contracts, it says an employee has the right to move into an increased weekly band of hours - not extra hours, but a weekly band of hours. Let me make this very simple for the Minister and Minister of State because it seems we have to bring it down to that level. If a person working in a retail company is on a 15-hour contract but for six months has worked 32 hours a week, he or she moves into that band of 30 to 35 hours. He or she has to have worked an average of those hours for six months continuously. That means the contract would no longer be a 15-hour contract but would be in the band of between 30 and 35 hours. However, the person would still be on 32 hours, which is the average hours worked. One cannot be forced to work less or more against one's will. It does not mean workers get extra hours. It means they have a contract which reflects the hours they actually do. The Minister and Minister of State know that and are being disingenuous. That is the first point.

The Minister and Minister of State can find any reason not to support this Bill, which is what the Government seeks to do. This Bill has the support of the Irish Congress of Trade Unions and the Mandate trade union. It has sufficient checks and balances. There were some extraordinary contributions in the Minister's speech. She said that this should not apply across the whole economy and should not apply to multinationals where there are established practices that work. That is not what would happen. The vast majority of workers in those big multinationals the Minister speaks about are not on these if-and-when contracts. This deals directly with a particular problem. It has no impact on somebody who is contracted full-time to do a job. A number of Deputies from Fianna Fáil, who are also being disingenuous, referenced the University of Limerick, UL, study. Recommendation No. 4 in that study says that if a worker works an average set of hours for six months, that is what their contract should reflect, which is what this Bill does. They referenced the six months and yet the Minister spoke about all the positives in the UL report and then found every excuse not to support one of its key recommendations.

I want to be fair to Fianna Fáil and I want to appeal to its Deputies. We have tabled a very reasonable amendment to the Fianna Fáil amendment in which we say if Fianna Fáil genuinely believes that some sort of pre-legislative scrutiny needs to be done, it should support our amendment which says it should be three months after we come back in autumn. That is sufficient time for the committee to do its work. Do not put it off for a year because that is unfair to those who want us to act now. We are meeting Fianna Fáil half way and doing our best to do so. We want this Bill passed now and moved to Committee Stage in order that we can have those discussions, get this through as quickly as possible and workers do not have to wait. I do not accept many of the criticisms from the Government because they are inaccurate and misleading in terms of what the Bill does. For those of us on this side of the House, including Fianna Fáil, who say they want this issue dealt with, they should support the amendment we have tabled. It is very reasonable and I appeal to Fianna Fáil to do so.

I will talk tomorrow to Deputy Collins or members of Fianna Fáil about their concerns. The Deputy is right about the presentation we gave earlier. In conversations I had with Deputies from different parties, I said we will take on board suggestions. I agree with the Minister about small businesses. We are open to discussion and to having our Bill amended. That is what the legislation is for. That is why we have several layers of legislation. It is why we have Second Stage, Committee Stage and Report Stage. It seems to me the Minister just wants to reject this Bill out of hand in a disingenuous way because it is coming from the Opposition rather than accepting it, dealing with the flaws the Minister says are in it and letting us have that debate. My primary appeal is to the Fianna Fáil Party. I hope it supports our amendment. I say that to all Members of the House. If it supports the amendment we have tabled to its amendment, we can do what Fianna Fáil says it wants done but in a quicker timeframe. Let us get this done once and for all for those workers who need it.

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