John Brady (Wicklow, Sinn Fein) | Oireachtas source

It is really unhelpful for the Minister to throw this on the table at this point. Committee Stage is when legislation is supposed to be teased out and any potential pitfalls or issues of concern debated and amended. For this to come before the house at, essentially, the 12th hour is really unhelpful. My party is here to strengthen this legislation because workers right across the State are screaming out for this and have been for many years. That is where Sinn Féin is coming from. We have listened to the trade unions representing those workers and they are concerned by the Government's amendment seeking to remove this from the legislation. They indicate that it is critical because it is there to strengthen workers' rights in terms of the burden of proof. The amendment would delete the lines on page 10 of the Bill which state, "Where in any proceedings facts are established by or on behalf of a complainant from which it may be presumed that this section has been contravened the onus shall be on the respondent to prove the contrary." That is what the Minister wants to remove. My party and I oppose its removal. The Minister has stated that she is removing it because the WRC said it causes it serious concern and that it has serious questions around it. All legislation is open to legal challenge. That is always the case. It is concerning that the Minister has come in and said that. Mandate has said the complete opposite. It is saying it is imperative it remains. I am not sure. I think the Minister needs to elaborate on the points she has made. It is a matter of concern that this has appeared at, as already stated, the 12th hour.

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