Sean Barrett (Independent) | Oireachtas source

I thank the Minister of State for his response. However, I am concerned that a problem remains. Under the European Convention on Human Rights, every person has a right to respect for his or her private and family life, home and correspondence. Does the requirement for the applicant to disclose information to his or her employer breach that right to privacy in a context which has no bearing on his or her employment as laid down in a contract? It is a pity some of my legal colleagues are not in the House. Do part-time drivers have protection under European Community law? Does the problem which previously arose in the High Court with Mr. Justice Roderick Murphy arise in this instance, namely, that of anti-competitiveness where people who may be non-nationals have two part-time jobs? Mr. Justice Murphy did not like that aspect. Paragraph (b)states the applicant must inform any employer of his or hers in writing. I appreciate that the Minister of State was keen to confine this provision to driving. However, it is not unusual for people to have two part-time jobs. Such persons enjoy protection under the convention on human rights. They are also particularly valuable in this industry because as the research indicates, 85% of business is done between Thursday and Saturday. It is for this reason that we need part-time workers. I know they are disliked in the tenor of this legislation, but they are proof of efficiency.