Feargal Quinn (Independent) | Oireachtas source

I move amendment No. 1:

In page 6, to delete lines 24 to 27 and substitute the following:“ “(3A) It shall be a defence for a person charged with an offence under subsection (3) consisting of a contravention of subsection (1) to show⁠—

(a) that he or she took all such steps as were reasonably open to him or her to ensure compliance with subsection (1), or
(b) that his or her contravention arose as a direct result of exploitative work practices engaged in by the employer against him or her.”.”.

I welcome the Minister back to the House. We are getting very fond of him, or perhaps he is getting very fond of us, whichever way it is.
As the Minister is aware, the purpose of amendment No. 1 is to amend section 3(d). This amendment will ensure that the defences available to an employee under the legislation explicitly take into consideration the circumstances in which a young man, Mohammed Younis, found himself. An employee who is being exploited should not be penalised in any way by the requirements of this legislation. I believe it is necessary. The purpose of the Bill I introduced 18 months ago was to achieve precisely this end and I believe it is still necessary. I believe the amendment is worthy of consideration and I hope the Minister will accept it.