Deirdre Clune (Fine Gael)

I hear what the other Senators are saying. No one wants to get caught up in a situation where the provisions of legislation have to be implemented retrospectively. Nonetheless, as the Minister of State said and as the Minister pointed out on Tuesday, the advice from the Attorney General is that we are obliged to implement the directive as and from 5 December 2011. A consultation period started in October 2010. We would like to have seen a grace period introduced in the legislation, similar to the 12 week period in the United Kingdom. Unfortunately, however, there was no agreement between unions and employers' representatives. That is why the Minister has been forced, against his better judgment no doubt, to implement the legislation as and from 5 December, the date from which the directive was to take effect.

We have acknowledged that there is a competitiveness issue. There will be a cost to employers. The Minister has said the same. We are in a period in which we are trying to reduce costs to employers to ensure those who are competing, particularly on an international basis, do not incur additional costs. The Government has received advice from the Attorney General that the legislation should have retrospective effect from 5 December and it would be foolhardy of any Government to ignore the advice of the Attorney General. This week we received important advice from the Attorney General on the need to hold a referendum on the fiscal compact treaty and again today we are considering important advice from her. I do not think any government has ignored advice from the Attorney General.