Joe O'Toole (Independent)

I move amendment No. 1:

In page 5, between lines 21 and 22, to insert the following new subsection:

"(2) The Minister may by order provide for the commencement of this Act on a date earlier than the passing hereof where necessary to comply with Council Directive 1999/70/EC."

Senator McDowell asked me to deal with these issues on his behalf if he was not here. The point behind the amendment is that, as the Minister of State will be aware, we are already late with this legislation. My understanding is that Ireland is shortly due to appear before whichever European court deals with these issues. It is to save us further embarrassment that the Labour Party tabled this amendment and I formally propose it on their behalf. It is an important issue to ensure that business is done.

My understanding is that Ireland could have applied at some stage for an exemption for a further year from implementing this agreement but it decided not to. We are, therefore, clearly in breach of the directive.