David Norris (Independent) | Oireachtas source

The definition of a "gratuity" in the Bill is extremely good. It is defined as a "payment voluntarily made to or left for an employee by a customer of the employee's employer in such circumstances that a reasonable person would be likely to infer that the customer intended or assumed that the payment would be kept by the employee or shared by the employee with other employees". One could not better this definition, which is excellent.

However, I have some questions regarding the Bill. I would like more clarity on the reference in section 3 to "adjudication officer". From where will the adjudication officers come and what qualifications will they have? They cannot be simply dredged up from nowhere. Greater clarity on this issue would improve the Bill.

The Bill provides that employers display on menus and so forth the policy regarding the distribution of tips. If the Bill passes, this requirement will hardly be necessary because all employers will have to behave in the same way regarding tips. The provision may, therefore, be redundant.

The penalty provided of imprisonment to a term not exceeding six months appears a little harsh. While pilfering tips is a nasty thing to do, I am not quite sure people should be sent to jail for it.