Dáil debates

Tuesday, 26 June 2018

Employment (Miscellaneous Provisions) Bill 2017: Report Stage

 

7:45 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour) | Oireachtas source

This is a very reasonable amendment. The period started off being 12 months. I recall Deputy Brady proposed three months on Committee Stage. I referred to a period of six months at the time. This legislation has been a long time in gestation. We all know how critical it is to get it on the Statute Book in order to end exploitative practices that have occurred and that continue in various strands of employment across the State. I compliment the Minister on bringing it forward. I have no doubt that her bona fides are very strong. All of these amendments strengthen the legislation so it will have a more significant impact and consequences for workers. Six months is a reasonable period for the enactment of the legislation. It allows bedding-in time and it allows people to get used to it. Employers will no doubt have to adjust and get used to various issues that will be addressed in this legislation. That is important.

I recall the Minister referring to the constitutional constraint or the circumscribing of the legislation, perhaps by negativing the constitutional imperatives that exist. The President signs the legislation and if somebody finds it is not to his liking, he can take a case to the High Court to test its constitutionality. If one does not agree with some of the sentiments or objectives of the legislation, one is free to challenge it in other ways, provided one has plenty of wealth or resources. One can challenge somebody who is trying to seek to enforce or rely on the objectives in the legislation. I would not be as worried about that as the Minister, although she did indicate it is a concern. She also indicated that she would, on Report Stage, see how this would work.

I would be surprised if the Minister was not in a position to accept this amendment in order to ensure that, before we leave for the summer, this legislation will be on the Statute Book.

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