John Curran (Dublin Mid West, Fianna Fail) | Oireachtas source

I welcome the opportunity to contribute to this debate. Our party has been concerned about zero-hour and low-hour contracts and banded hours for a long time. The issue appeared in our manifesto and it was part of our negotiation for the support of a minority Government. I acknowledge the work of the committee in the preparation of this report, which is very specific, detailed and well researched, the work having been carried out over six meetings and with the participation of over 40 witnesses.

The committee has captured the essence of some of the flaws in the Bill. Deputy Cullinane quite rightly said, as he presented the Bill initially, that he knew there would be flaws in it and that he was open to recommendations and suggestions. In the Dáil this morning and now, he reiterated his comments that he was open to making the amendments as proposed by the committee. The committee's recommendations have a very solid basis and it would be very hard not to accept them. They are well-founded in this regard.

Since the Bill was initiated things have moved on. We have a new Taoiseach and new Department of Employment Affairs and Social Protection. In that regard, on 3 October the Bill was referred from Deputy Butler's committee to my committee. When the committee received the report we looked at it in full. In Deputy Butler's opening remarks in the foreword to the report, she states:

In the course of the engagement with stakeholders, some issues with the drafting of the Bill were identified. This report proposes changes to the Bill which the Committee believes would address many of those issues. A major concern regarding the constitutionality of the Bill was raised by lawyers who addressed the Committee. Recognising this, the Committee has recommended that the Bill be examined to ensure that it is constitutionally sound.

Our committee, on receipt of the report, not wanting in any way to frustrate the development or passage of the Bill as it may go as that is for others to determine, immediately referred the report to the Office of the Parliamentary Legal Adviser to address the constitutionality issue. Deputy Cullinane has clearly said he is prepared to make the recommended changes, and the committee is of the view that if the Bill is presented and there are amendments we will in no way frustrate it and we will do our work. Whether it is a Government Bill or a Sinn Féin Bill we will do the work of the committee in an effective, fair and efficient manner. The Bill as presented to the committee has already gone for legal advice.

Deputy Cullinane was absolutely right when he said that resources of a Department are far superior to any available to us on this side of the House, and the drafting of a Government Bill should be far better. It has the advice of the Attorney General, and issues such as those we are grappling with in terms of this Bill would have far greater scrutiny coming from a Department. That being said, there is always a concern about the time issue.

Second Stage of the Social Welfare, Pensions and Civil Registration Bill was taken in a dramatic hurry before the summer recess. The section on defined benefits was missing and we were told it would be reintroduced when we came back. Committee Stage, notice for Committee Stage or amendments have not been presented. I am concerned the issue will not be dealt with as quickly as it should be. The longer we sit around, the cohort of people who would benefit from the legislation can still be exploited. People identify with these people. It is not just the wage they earn or the lack of money. It is the lack of opportunity for things we all take for granted. They cannot get a loan, they cannot sign on and they cannot get family income supplement because their figures change from week to week. They do not have the basic criteria required by the schemes.

There needs to be some urgency. The Minister of State has said the Bill will be published before the end of the year but it was the same with the Social Welfare, Pensions and Civil Registration Bill. It was published and we had Second Stage on the dying day before the summer recess, but no progress has been made since. We cannot introduce a Government Bill with the potential to do something really positive and let it sit around month after month. Deputy Cullinane quite rightly said, and I welcome his comments, that he was prepared to accept amendments and redraft the Bill. The ball is in the court of the Minister of State. If he has a superior Bill and he is first out of the blocks with it then fair play to him, but I do not believe people who could benefit from Deputy Cullinane's Bill should be disadvantaged if the Government cannot meet the timeline as set out.

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