Thomas Byrne (Fianna Fail) | Oireachtas source

We objected to the last section because the issues we raised were so serious that they impinged on the Constitution. We believe there was a major unfairness in what was proposed. I acknowledge the comments of the Minister of State to the effect that he will continue the dialogue. We are keen to ensure that this dialogue would continue in an orderly way and yet that the Bill would not be delayed unnecessarily because of it. It has already been delayed by over two years at this stage. Notwithstanding the comments of the Minister of State about dialogue we called a vote because of the seriousness of the matter and to try to emphasise the points that we have made.

The entire thrust of the Bill seems to be to clip the wings of the tribunal, to remove the discretion that exists and to restrict the scope for it to make decisions that are different from the original decisions. We believe that is unfair. It seems to be a complete and total reaction to the decisions of the court and the tribunal. We believe that is no way to bring about legislation. We should not be legislating every time a court rules in favour of members of the public. In this case it was two hotels, but they could have spoken for citizens everywhere. Effectively the process ruled in their favour but large parts of this legislation seem to be designed completely to restrict that. We have to emphasise that.

I am determined that this Bill does not finish today. That is why I am talking about this. I am emphasising the points because, frankly, I am determined that the talks continue and that major changes should be made to the Bill before it goes ahead. Too few organisations representing business have been involved in this Bill. The Minister of State has received representations, as have we, from two organisations but there are chambers of commerce, business groups and small firms associations that need to begin examining the Bill to see how it will impact on their members.

We have all met people who have had valuations. We have assisted them along with their professional advisers in making representations. We are keen to ensure that this is fair. The bottom line is to get away from a system whereby the top is telling the bottom what it should pay and to ensure the bottom actually has rights in the process. The businessman and the employer should have recourse to a fresh appeal but every part of the Bill seems to be designed to restrict that.