Dáil debates

Tuesday, 18 June 2019

National Minimum Wage (Protection of Employee Tips) Bill 2017: Second Stage [Private Members]

 

10:25 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

The Green Party went on to argue that it is unlikely that the State could provide the level of inspection required for enforcement to be effective. The Minister, Deputy Regina Doherty, is proposing a better alternative. She wants to put forward a payment of wages (amendment) Bill. She wants to bring transparency in the form of prominently displayed notices in business premises. On that we are agreed.

I was struck when I read the commission's report that it would be hard for anybody to disagree with it. It is very clear, comprehensive and very independent. That is one thing we cannot disagree with. Our opposition to the Bill is not for political reasons. It is for reasons of good legislation and because we want to pass an Act that works in the interest of workers in the hospitality sector. Sinn Féin has brought forward a very interesting and important topic. The Government is going to act on that. We are not going to ignore the report of the Low Pay Commission. It states that legislation or regulation should not be introduced in this area as it could be unworkable and unenforceable. The Green Party agreed with that, and it was also echoed by the Workplace Relations Commission. It was indicated in the report that there is a risk around the reclassification of service charges and other matters that could lead to a reduction in take-home pay. We cannot stand over it if there is a risk there.

This Government enacted the Employment (Miscellaneous Provisions) Act of 2018 to help workers in a jobs market that includes casual and precarious work, as was mentioned. This Act obligates employers to give employees basic terms of employment within five days and restricts zero-hour contracts except in limited cases. It also introduced a minimum payment for employees called into work but sent home again without work, and introduced banded hours contracts. Crucially, the Act contains strong anti-penalisation protective measures for workers. We know from feedback we have been receiving that this legislation is well crafted and well conceived, is working well and is helping those it is supposed to help. Similarly, the proposals on tips that are being brought forward by my ministerial colleague, Deputy Regina Doherty, will serve workers well and represent the right way forward. That legislation is imminent and will be brought before the House very soon.

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