Deirdre Clune (Fine Gael)

The individuals in question were willing to work for a lower rate, but because of the agreement they were precluded from doing so. I hope some sense and balance will be brought to the issue with a recognition that there are two sides to the story. The Labour Court can now take into consideration the economic environment in which the employment is based. It can recognise the particular enterprise and regulate competition in a given sector and how it is affected. The example that comes to mind immediately is the construction sector, but it may also apply to the hospitality and catering sectors which may be competing with the sectors in other jurisdictions. All of these items can now be taken into consideration to ensure a fair and balanced approach is taken.

As the Minister of State noted, the issue of Sunday pay is addressed under the Organisation Of Working Time Act. This is a pragmatic approach. A code of practice should be developed to which all sides could contribute. Anyone employed in the catering and hospitality sectors will recognise that Sunday is the same as Monday. However, if one was employed as a private secretary in a solicitor's office, generally speaking, one would work from Monday to Friday. If such a person was asked to work on Sunday or do overtime, it would be a different matter. We should let this come into play and let the code of practice reflect such scenarios. There are regional variations. There are historical reasons for all these arrangements, but the reasons are not very evident in today's climate. Some regional variations cannot be provided for, but there should be uniformity throughout the country.

I welcome certain provisions and the fact that the Bill will provide clarity for the Labour Court in certain areas. It will recognise changes in certain industries and types of enterprise, which is most important. The amendments introduced on Committee Stage in the Dáil are welcome especially for registered employment agreements. The Minister of State has covered this area. Civil penalties, as opposed to criminal proceedings, will be part of the Bill, which is a significant consideration given the High Court judgment. The rights commissioner will also come into play. Perhaps the Minister of State might expand on this point. What is the timescale involved and how does he envisage this operating?

I welcome the Bill. It is refreshing, reflects the economic climate of today and gives balance for employees and employers. It allows for a situation where if an employer is in difficulty, it is not a simple case of there being no room for consultation. There are provisions whereby in difficult economic circumstances where an industry is experiencing particular difficulties, all of this can be taken into consideration.