Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I think the Senators misunderstand the purpose of this provision. This is not a penalty for non-payment of the minimum wage. The non-payment of the minimum wage is a criminal offence subject to penalties elsewhere in legislation. The provision dealt with by these amendments is for a fixed payment notice which can only be used in certain limited circumstances. Only three offences are listed in subsection (5) for the purposes of that section: section 11 of the Protection of Employment Act 1977, which deals with the requirement for an employer to consult employees' representatives and the Minister on collective redundancies; section 4(4) of the Payment of Wages Act 1991, which deals with an employer's obligation to provide an employee with a pay slip; and section 23 of the National Minimum Wage Act 2000, which deals with an employer's obligation to provide an employee with a written statement of his or her average hourly rate of pay.

These amendments would have the effect of doubling the maximum amounts specifiable in the fixed charge notice from €2,000 to €4,000 and, in the case of failure to pay the national minimum wage, the fine would be up to €20,000. I consider it excessive to double the maximum fine to €4,000. The proposed amendment to provide for fixed payment notices of up to €20,000 for failure to pay the national minimum wage would invest the inspectorate with such significant jurisdiction that it would be deemed to be engaged in the administration of justice contrary to the Constitution, which reserves this function to the courts. I am taking advice on whether it would be appropriate for a Minister to issue regulations setting out guidelines on the appropriate monetary amount of notices in specific circumstances. The overriding concern in practice would be to ensure consistency in the application of this section and its provisions. For these reasons I do not accept the Senators' amendments.