Sean Barrett (Independent) | Oireachtas source

I oppose the amendment. This is a fundamental change to the Bill as circulated on 3 December 2012. However, the proposed new section was circulated as late as Monday of last week. The proposed change is not covered in the regulatory impact assessment which was circulated on 17 January. I am advised this violates people's contracts of employment. It violates privacy. I am told the provision in subsection (1)(ii) that he or she has informed any employer of what he or she will be doing infringes the rights to privacy under the European Court of Human Rights. One is allowed to have part-time jobs, as the Minister of State said, as there is no law against having more than one job. Why is an employee compelled to tell his or her employer that he or she has another job?

The effect restricts part timers, who are vital. Some 85% of the business is transacted between Thursdays and Sundays. Those who enter as part-timers are serving the market. There is no point in having rules stipulating they should sit around on Monday morning at 9.30.

I am advised this amendment is probably unconstitutional. It is definitely designed to set aside the decision of the High Court to open up the business. It infringes upon the rights of part-time workers, Article 8 of the European Convention on Human Rights and Article 40.3 of the Constitution. I cannot agree to introducing such draconian measures by way of amendment at short notice. I cannot agree with requiring people to disclose information to their employer that has no bearing on their employment, bearing in mind that disclosure is not in their contract.

This should have been brought to our notice before last Monday week. It should have been in the highly inadequate regulatory impact assessment. Given its implications for the laws that I have mentioned, I am advised that I should in no way accept this amendment.