Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I hear what the Deputies are saying in respect of this being about theft and robbed money. I agree with that assessment, by the way. If money is intended for a person but another person takes it, that is larceny. I would be curious to know whether any complaints have been taken to An Garda or whether there have been any investigations under larceny provisions and what the case law is in that regard. I do not know if there have been such cases.

What we are dealing with here is employment law. In the context of this legislation, the amendments would change the penalties for breaches from a fine of up to €2,500 to a fine of up to €5,000. That would be out of line and inconsistent with penalties included in the Payment of Wages Act 1991, which the Bill amends. That Act provides for fines of up to €1,000. The WRC can also impose fixed penalty notices of up to €1,500. If these amendments were accepted, breaches of the Bill would have the most serious consequence of any offence under the Payment of Wages Act, and that does not seem proportionate.

Amendments Nos. 17, 19 and 22 propose the introduction of prison sentences for breaches of the Act. By way of example, an employer who fails to give an employee a statement of his or her tips and gratuities and the total tips and gratuities received would be liable to up to 12 months' imprisonment. To clarify that, even if an employee got all his or her tips - every single euro and cent - if the employer did not for some reason give him or her the paperwork, the employer could go to prison for 12 months. That seems somewhat draconian. It certainly would not protect the employees if their employer had to cease trading because he or she was sent to prison having paid every cent of wages and tips but not provided the right sheet of paper.

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