Tony Killeen (Clare, Fianna Fail)

Section 13, as drafted, makes it an offence for an employer to penalise an employee representative for performing his or her functions under the legislation and that is fair and reasonable. A code of practice already exists with regard to employee representatives. Strong penalties are imposed for this type of offence, including up to three years' imprisonment on conviction and indictment. The section specifies the circumstances in which penalisation of an employee representative could occur. Senator McDowell and others would say the Bill has no teeth if that provision was not there. It must be there.

Some Members complained on Second Stage that the penalties in this regard are excessive. I do not accept that is the case either. It is important that we bear in mind that a code of practice already exists in regard to employee representatives, which is most useful. I will look at the ones which cause concern to Senator Quinn in advance of Report Stage. In general, the original section 13 deals in a sensible fashion with any difficulties that might arise. The key ones appear to be more than sufficient to deal with the circumstances as envisaged.