Joanna Tuffy (Labour)

Amendment No. 9 raises a similar point to that raised by Senator O'Toole. The point is that there is space for flexibility as it stands, but it is very much dependent on the employer being open to it. This amendment, which is along the lines of what was proposed by ICTU, proposes to give the employee the right to request the flexibility and underpins that right. It recognises the need for the two sides to come together on the issue but, as it stands, ICTU has given the example of an old-fashioned workplace which does not allow requests for flexibility to be made and does not consider such requests because of their culture, background and lack of understanding. We are placing the onus on the employer to explain why it would not allow the flexibility. It is a much more positive way of approaching the issue in the Bill than as currently drafted.