Clare Daly (Dublin Fingal, Independent) | Oireachtas source

The amendment needs to be defeated tonight. If people want to re-examine it in the Seanad because they believe it is too open, that is their prerogative. I hear what Fianna Fáil is saying. We do not need an amendment to clarify the situation precisely because, as stated by the Minister in outlining what Kevin Foley had to say, other safeguards would kick in. It is implied that there are other safeguards in place. In other words, one cannot fly a aeroplane unless one is a pilot. Even if somebody were to look for that, it would be wholly impractical.

The points made by Deputy Penrose gave a more accurate portrayal of what goes on in workplaces, particularly good workplaces. Throughout the country there are arrangements in place in workplaces. Some of them have unions and others have staff who get together and come up with their own plans which suit the employer as well. Why would an employer pay a full-time worker to do extra hours at double time if he or she has a part-time worker who can paid to do it at single time? An employer might do that if he or she was in a huff with a part-time worker and wanted to victimise that worker, even if, in doing so, , the employer would be cutting off his or her own nose. The employer, however, would be disciplining the employee and keeping him or her in a box.

The point that needs to be registered is that there are mechanisms for doing this in place in workplaces throughout the country without this legislation. All of the good employers do not need to worry about this legislation. They only need to offer employees additional hours. There will be other clauses in place as well. For example, if somebody is not doing their job properly or has refused additional hours on four occasions, then the employer does not have to offer that worker the additional hours. That would be perfectly legitimate. The Labour Court would not oppose that.

We are in danger of overly complicating it. If people are genuinely saying they can live with the addition in the Seanad of "appropriate qualifications", that is fine, but we need to oppose the amendment now to get to that stage or the Minister could withdraw her amendment with a view to it being dealt with in the Seanad.

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