Richard Bruton (Dublin North Central, Fine Gael)

We had a lengthy discussion on a similar amendment in the Dáil. This amendment seeks to add to the absolutely general power of the Labour Court to request any information it may reasonably require. We have been confidently informed that if we specify certain categories of information that the Labour Court should have the power to request, while leaving out other categories of information, we will undermine the ability of the court to request information. A subsequent review of the process might make a judgment on the basis of the fact that a certain type of information was not included in the list of types of information that should be provided. By giving the Labour Court this unfettered power, we are allowing it to request anything it likes. That is the best way of ensuring that when the Labour Court considers an "inability to pay" application, it will have an unfettered power to demand any information it chooses. It will be able to demand information on money being filtered out of a company, even if that is not specified in the legislation. It would be a natural thing for the court to look for. We have been confidently informed that if we start listing what the Labour Court should be have the right to seek, we will reduce the legal robustness of that right. It is better to give the Labour Court an unfettered power to look for whatever it wants. I understand why the Senator has tabled this amendment, but I am advised that it would not actually help the cause he is pursuing.