Gerald Nash (Louth, Labour) | Oireachtas source

Amendment No. 12 introduces a number of specific tasks that the commission will be required to undertake as part of its functions, namely, monitor the incidences of low pay by examining the prevalence of pay at two-thirds or below of median earnings, monitor key patterns in paid and unpaid open market internships and monitor the effectiveness of existing policies to enforce the national minimum wage. Section 5 of the Bill introduces a new section 10C(4) which provides that the commission may be requested by the Minister to examine the report and report on such matters related generally to the functions of the commission under the Act. The published Bill provides that a request shall be made not later than the first two months of each year and will be part of the commission's work programme. I believe the legislative provision covering the work programme to be given to the commission each year should not be prescriptive and inflexible. Amendment No. 12 would tie the hands of the commission in regard to its annual work programme. As specific issues arise related to the work of the commission, a request can be made to the commission to examine and report on the matter. The specific topics raised in the amendment may well be worthy of examination at some point but I do not believe it is appropriate to set them down in primary legislation. Accordingly, I cannot accept the amendment.

On amendment No. 13, I undertook on Committee Stage to consider the amendment from Senators Cullinane, Reilly and Ó Clochartaigh regarding the laying of reports submitted by the commission before the Oireachtas. It was something I was considering doing anyway and I found the contribution of the Senators very helpful. This amendment now provides that the Minister shall cause a copy of any report or recommendation furnished to him or her by the commission to be laid before each House of the Oireachtas not later than three months from receipt. Amendments Nos. 15 and 16 are consequential technical renumbering amendments arising from amendment No. 13. In the circumstances, I cannot accept amendment No. 14, although I understand Senator Cullinane will be withdrawing that amendment.