Dáil debates

Thursday, 16 November 2017

Banded Hours Contract Bill 2016 Report: Motion

 

4:15 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael) | Oireachtas source

I listened attentively to all the speakers. As I said, this report is very welcome and it is important to discuss this issue. It is a very important issue regarding banded hours contracts and measures to tackle problems caused by the increased casualisation of work.

Our debate, first and foremost, must be placed in the context of the programme for Government commitment to tackle the problems caused by the increased casualisation of work and to strengthen the regulation of precarious work. The maintenance and improvement of strong protections for workers have been and will continue to be a key element of the Government's policy as we seek to build on the progress made in recent years in our economic recovery.

It is clear to me as Minister with responsibility not only for employment matters but also for small business, that in addressing these issues we must strike the correct balance between the rights and the needs of employers and workers. That is at the core of the legislation we are preparing. We must find solutions that make sense and that work in practice for all concerned. That is important also. Everybody must be involved. Striking the right balance will also be important in terms of continuing to make progress on the jobs and employment front. The rate of unemployment was 15.1% in 2010, today it is 6% and falling, and it will be under that percentage after Christmas. A lot has been happening here.

Members may recall that in earlier debates on this Bill I expressed the view that the Sinn Féin Bill, though well intentioned - I never doubted that at any stage throughout the debate - was motivated by a particular industrial relations dispute in the retail sector at that time. However, we must remember that our legislation, in particular, will apply right across the economy to all sectors, which is extremely important, and to all employers. We must therefore ensure that any legislation is balanced and proportionate and avoids unintended consequences, which can happen in flawed legislation. It must also strike the right balance between improving protections for workers, particularly low paid, vulnerable workers about whom Members on all sides the House have spoken, and providing a reasonable degree of flexibility that allows employers to manage their workforce. This Bill does not strike the right balance.

This Bill would impose new and unnecessary obligation on employers. Moreover, the bands set out in the Bill are very narrow and provide very little flexibility. It would have adverse impacts in terms of limiting an employer's ability to manage their business and staffing needs in line with the needs of the business and its customers. It simply would not work.

One can only conclude that if all of the joint committee's recommendations were to be addressed, the Banded Hours Contracts Bill would remain a very narrow and limited response to the problems caused by the increased casualisation of work. As I said earlier, we talked at length to ICTU-----

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