Seanad debates

Wednesday, 24 January 2018

National Minimum Wage (Protection of Employee Tips) Bill 2017: Second Stage

 

10:30 am

Photo of Maire DevineMaire Devine (Sinn Fein) | Oireachtas source

I welcome Senator Paul Gavan's Bill, ably helped by Senator Trevor Ó Clochartaigh. I want the House to recognise that it would be a stand-alone Bill. If there are concerns about unintended consequences such as those we have heard from different sides, I ask that it be allowed go to Committee Stage where the issues can be argued out. That is what these Houses are for, not to shut down debate or kick anything down the road. I hope this is not a ploy to do that.

The Bill enjoys countrywide support among all the workers in the hospitality sector, who are, in the main, young people, as well as from their parents and families, who want to see their children having job satisfaction and being able to progress to independent lives of their own at some stage. We all love our children but eventually it is time to go as well.

I do not think it is necessary to refer the Bill to the Low Pay Commission for examination or to make recommendations. It is a very easy Bill for us to manage and allows us to improve workers' rights and security of pay. It is appropriate that we discuss it here and not kick it to touch at the Low Pay Commission. It would take up too much time, which would be time wasted.These tips which have been left to workers by customers are direct payments to staff and a "Thank you" for and an acknowledgement of their good work and an enjoyable experience in a restaurant, hotel, etc. Customers want a guarantee that their tips go to the young workers in question, the majority of whom are low paid. Since they are legally entitled to that money, taking it would amoun to theft. The tipping culture is not new in Ireland. It is no longer foreign and has become normal practice in society in the past decade. That brings with it the possibility of exploitation, which is happening in some instances.

The public's interest in the Bill is considerable. The issue impacts most negatively on young workers and those in precarious employment. If one speaks to young people, they automatically calculate tips as a top-up to their wages to see whether they will be able to afford an extra gúna or go out for a night. I have in mind a young woman in my own family. She moved out after sharing a house, as one does when one is 22 years of age. She had just about been managing to pay the rent and in her head her tips were automatically a part of her wages. That they were hers is the truth. She decided to have a conversation with her employer about lunch breaks. While we cannot tie it to that conversation, she was let go a week later. She managed to find another job in the restaurant business and, again, it was low paid. She was not aware that the tips would not be hers, that they would instead be taken by her employer. Eventually, as she could no longer afford to pay for her room in the shared house, she moved back home. Luckily, she had parents to whom she could move back. That is an important point. This issue does not only affect the low-paid worker who in many circumstances is young but also the individual's family and friends.

I call on the House to allow the Bill to progress. Let us have a concise and comprehensive debate on it. That needs to happen today.

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