Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

I thank my colleague, Seanadóir Gavan, for his work in forcing this Bill onto the agenda. In 2017, Sinn Féin brought forward a Bill on this issue that was supported by the trade union movement. That Bill passed all Stages in the Seanad despite the opposition of Fine Gael and it was influential in driving the conversation about tips and the importance of legislating for the protection of employee tips. Following pressure from Sinn Féin, Unite the Union and others, the Government amended the Bill in the Seanad to have service charges treated as the same as tips and gratuities. Prior to this change, service charges imposed by employers could have been used to pay workers’ wages. This is a significant win that will benefit workers.

This Bill puts tips, gratuities and service charges outside the scope of workers' contracted wages, ensuring that tips cannot be used to top up workers’ wages, but rather that they will be in addition to workers’ wages. Sinn Féin supports this Bill, but there are several areas where we would like to see it strengthened. We want to see the penalties for contravening sections of the Bill increased to a class A fine of €5,000 instead of a class C fine of €2,500. Contraventions of sections of the Bill equate to employers robbing money from their workers. In the last decade, nearly €18 million in stolen wages have been returned to workers after investigations by the WRC. Employers also have an obligation to display prominently policies on the distribution of cash and electronic tips. This is welcome, but additional provisions could be added to ensure that every customer knows the policy.

As a former shop steward, I recommend that all workers join a trade union. Campaigning unions, like Unite and Mandate, have been to the fore of social change, along with furthering the rights of workers. There has never been a more important time for unions. We saw during Covid-19 that workers had been exploited and this situation needs to change. Insecure contracts and poor pay and conditions, along with the need for a living wage, have all been highlighted as issues that need to be addressed. Studies have shown that workers in unions are better paid than those in comparative non-union jobs. Workers’ rights have been under attack for many years and were dealt a serious blow with the passing of the Industrial Relations Act 1990. It is time that workers’ rights were prioritised, and Sinn Féin has demonstrated time and time again that we are on the side of workers. We need an election so that people can pass judgment on this Government’s miserable record on workers’ rights. When workers’ rights are under attack, we will stand up and fight back.

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