Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

Senator Cullinane is absolutely dedicated to upsetting Senator Bradford by repetitively referring to unscrupulous employers. I can see them having cavernous meetings at night with candles to concoct some conspiracy against the employees of Ireland.

There is a limit to what one can do by way of legislation. In that context, I deliberately focused on the issue of people losing their jobs. When it comes to people being promoted, there is a whole range of reasons they may or may not get promoted and whether or not their employment may be "impaired". However, we do have anti-discrimination legislation which exists, for a whole range of reasons delineated within it, so that people are not discriminated against in their employment. In a sense, however, that is another area.

The additional element that Senator Crown introduced is that of international contracts. There is a problem in that respect. Let us assume that an individual works for an American multinational. He is contracted under US law to work for that multinational and as part of that he is posted to Ireland for two or three years and the contract says what Senator Crown referred to. Irish law cannot interfere with that because it is a private contractual matter. It is a contract made under American law which will apply. One can assume that if it is a multinational and a contract is entered into, the contract will specify the law of which country is applicable to the terms of the contract. That is a regular provision. If the home-parent location is the US, it is highly unlikely they would say that Irish law would apply. However, we can make provision, if need be, for contracts to which Irish law is applicable. It will not solve the problem of multinational companies posting people around the world with provisions particular to that situation. At the end of the day, it is for individuals to enter into contracts with their eyes open, knowing what is in the provisions. In the context of addressing the issue raised by both Senators, however, I will be happy to get further advice from the Parliamentary Counsel.

On the issue of a broad range of legislation or regulations that may apply, for which my Department or others have responsibility, and that would impact on individuals, at the moment they would apply to bankruptcy but would not apply to the debt settlement process. The position of prison officers and gardaí has been raised. I will obtain greater clarity on that for Report Stage and will examine the matter. I thank Senators for raising what was an issue of importance and is worth teasing out further.