Willie O'Dea (Limerick East, Fianna Fail)

On Senator Tuffy's question on the minimum pay legislation, an amendment to that effect will be discussed next. We will discuss the issue then. I do not know why the amendments are not being taken together.

I have listened carefully to what has been said and I agree with Senator O'Toole, who is speaking from a lot of experience, although I am not saying that other Senators are not doing so. We do not want to give the impression that the section is being included to disadvantage people with disabilities or to allow them to be treated less favourably. The section seeks to assist people with disabilities to be given employment and to encourage employers to take them on. The effect of Senator Terry's proposal would be to remove what is intended as an enabling provision from the Act of 1998 and replace it with an inflexible and dogmatic approach. Disability is a discriminatory ground. In addition, employers must accommodate the needs of people with disabilities in the workplace. Furthermore, where an employee would still be unable to undertake employment, the provision allows an arrangement which takes account of these circumstances.

The amendment to section 35(1) of the Act of 1998, which I brought forward in the Bill, further clarifies that a different rate of remuneration may be paid only where it is determined on the grounds of a lesser output of work in a particular period. I take Senator Terry's point that some people are better workers than others. I imagine that when the Equality Authority considers such cases, it will find there are many occupations where one could determine the output of the workforce as a whole but it would be virtually impossible to determine the output of particular employees, and obviously it will not apply in such cases. In the case of certain occupations it is perfectly easy to determine how much or how little each person does.

As Senator O'Toole said, and as I said on the previous occasion, this legislation seeks to encourage employers to take on people with disabilities. I want that message to go out loud and clear. We are not getting at people with disabilities. We are not bringing in provisions which allow employers to treat them as second or third class citizens. We are including an enabling provision which will in some cases encourage particular categories of employers to take on people with disabilities. This is precisely why the provision is being included and why I cannot accept Senator Terry's amendment, which will leave us with perfectly just law theoretically but, in practical terms, will stop people with disabilities getting employment where they might otherwise get it. I know this from my personal negotiations with some employers specifically on this issue and the wider disabilities legislation which is being introduced shortly.