Sheila Terry (Fine Gael)

I move amendment No. 12:

In page 17, line 26, to delete "unlawful" and substitute "lawful".

This is one of the most important sections of the Bill and the one with which I am most unhappy, in particular in regard to the word "unlawful" being put into this part of the Bill, a point I highlighted on Second Stage and earlier in the debate this morning. This openly permits the payment of different rates of pay to disabled persons, which is completely contrary to the principle of equal pay for equal work and is a regressive step. I am amazed the Minister of State is going along with it and ask him to reconsider. The section lends statutory legitimacy to discrimination and represents a real avenue for the exploitation of vulnerable people who, for fear of losing their jobs, will be reluctant to complain.

If we are serious about bringing people with disabilities into the workplace, we must bring them in with open arms. They are members of the workforce as able-bodied people are and, therefore, must get equal pay. One may say that in a day's work they may not be able to achieve as much work as the able-bodied, in certain circumstances. However, while we say "able-bodied", no two people can deliver the same amount of work in a day. While a more capable person might be working beside a less capable person, they would both be considered able-bodied and are not called persons with disabilities. To make a certain category for people with disabilities and to allow employers to pay them less than the able-bodied is a regressive step and one we should avoid.

This is the most important section of the Bill. If we get it wrong, we will throw away an opportunity to deal properly with equality. There is no point paying lip service to equality if we are to deal with the Bill in such fashion.