Dara Calleary (Mayo, Fianna Fail)

There are two issues involved. It is not, as the amendment states, particular economic circumstances affecting any category of workers that would be expected to determine whether a category of worker should be included in the definition but instead the outcome of negotiations between the relevant employer and workers on the appropriate dispute settling framework for those workers. In addition, the amendment proposes to revert to a position where the definition of "worker" might be amended by order, albeit with some Oireachtas scrutiny. The Government has decided to remove the power to make changes to the definition of "worker" by order and to ensure that, in line with the decision of the Supreme Court in the case referred to by Senator, Mulcreevy v. the Minister for the Environment, Heritage and Local Government, future changes to the definition will be made in primary legislation. In accordance with that judgment, we are not in a position to accept the amendment.