Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I did not interrupt other speakers. The views expressed by Mr. Foley's are his own personal views because he did not have the time formally to call a division of the court. He is the chair of the Labour Court and I hold him the highest of esteem. Mr. Foley agrees that if the legislation is written as it stands post amendment, it will give rise to a certain level of chaos at a practical level. He made the point that the court would have no difficulty operating the provisions but the outcome of its decision would likely give rise to operational difficulties.

For example, the court has a good understanding of what surplus hours means in the retail sector where the employees operate at similar levels and similar job specifications, but there would be practical implications if the courts were, as the law would allow, to decide that surplus hours relating to part-time nurses should be offered to a part-time hospital porter. Obviously, other safeguards would need to kick in, for example, the need to be a certified nurse, but the legislation would not be doing itself any favours if, for example, the categories of employees remain unspecified per sectors involved. Those are not my words. They are Mr. Foley's words. If the Deputy thinks they are nonsense, he can take it up with him. I will be pressing my amendment.

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