Dáil debates

Wednesday, 13 July 2022

Payment of Wages (Amendment) (Tips and Gratuities) Bill 2022: Committee and Remaining Stages

 

9:40 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE) | Oireachtas source

I move amendment No. 17:

In page 7, to delete line 34, and substitute the following: “offence and shall be liable on summary conviction to a class A fine, maximum of twelve months’ imprisonment or both.”.

This grouping is crucial in terms of the penalty for a breach of this legislation. The current proposal is for a class C fine of €2,500. That is completely inadequate. The risk for employers is not very high but the reward can be very high. It was reported that The Ivy restaurant was taking in €3,000 in electronic tips that were being taken by the employer, yet the Government is saying the maximum that employers who continue to engage in that illegal practice can face is a fine of €2,500. It is completely inadequate. It is a very soft-touch and light-handed approach to employers for what is theft or robbery of workers' money. It should not be treated as a small matter; it is a big deal. It is the same thing as going into a person's house and robbing his or her money. It is theft and it should be treated as such. Amendment No. 17 proposes the imposition of a class A fine, a maximum of 12 months' imprisonment, or both. That is treating it with the seriousness it deserves.

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