Jim Walsh (Fianna Fail)

I move amendment No. 14:

In page 12, lines 25 to 28, to delete subsection (2) and substitute the following:

"(2) In this section "collective facilities and amenities" includes—

(a) canteen or other similar facilities,

(b) child care facilities, and

(c) transport services,

but does not include any matter in the nature of remuneration or any expense payable to an employee.".

We seek to add the following two lines to subsection (2): "but does not include any matter in the nature of remuneration or any expense payable to an employee". We hope this will bring clarity so that no other extraneous terms and conditions are brought into the legislation. The Minister of State may argue that it is already covered by virtue of the fact that it is not included, but I think by inserting these words, we bring greater clarity to it.

In amendment No. 15, we seek to insert the following subsection: "No action taken by a hirer undertaking or agency in compliance with this section should be taken as evidence that a direct employment relationship exists between the hirer undertaking and the agency worker." Again, we seek to bring absolute clarity to the legislation.

This is a complex Bill. As Members have said, employers often may not have legal expertise within the company to interpret precisely what is meant by legislation, and I think our amendments show clearly the intention of the Bill in order that it does not act as an impediment to taking on staff. That is very important. The more employment legislation we heap onto the private sector, the more I hear of hesitation and reluctance on the part of employers to embrace all these regulations and obligations. I think it is worthwhile, therefore, to include these amendments as they bring greater clarity to the legislation, even if some regard them as unnecessary.