Seanad debates

Wednesday, 24 January 2018

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

 

10:30 am

Photo of Paul GavanPaul Gavan (Sinn Fein) | Oireachtas source

I really cannot. It reminds me a little of what happened to the Banded Hours Contracts Bill 2016, with which everyone agreed but it was postponed for 12 months. It then went to the then Oireachtas Committee on Jobs, Enterprise and Innovation, where it was given a cross-party endorsement but now it has been parked again. We hear about the Bill sponsored by the Minister for Employment Affairs and Social Protection, the Employment (Miscellaneous Provisions) Bill 2017, that is coming up. We will have to see what it looks like. In the meantime workers are waiting for help and support.

I acknowledge that the Bill is not perfect and I take my colleague, Senator Davitt's point. We are very happy and open to working on Committee Stage to correct the Bill. I have to say I had a really constructive and helpful meeting with my colleagues in SIPTU yesterday, who were really supportive of the Bill but who pointed out ways in which it could be strengthened and improved. That was fantastic. We are willing to work with all Members on this Bill.

My worry is that at times this Chamber, no less than the Lower House, can be seen as a talking shop. Those in the Visitors Gallery and the thousands of people who work in this sector need our help. They do not need to be told that it will take six months before we can even progress to the next Stage of the Bill. I do not think they should have to wait six months because it is a very simple Bill.

I will address a couple of the points that were made. I am really concerned to hear talk about a code of practice. Trust me, as someone who has worked as a trade union official for ten years, codes of practice do not work with bad employers. Do not let a code of practice be a get-out clause for what is a simple Bill which will not damage good employers. Everybody is correct that there are plenty of good employers out there. We need to ensure that they do not suffer the unfair competition from unscrupulous employers.

I was delighted with Senator Norris's speech. I will now address his point as to why one would display the tipping policy. The tipping policy may be to share the tips with everybody or it might be a direct tip to the person who served the customer. Customers like to know that. It gives clarity and transparency and that is why it is important.

The Minister of State at the Department of Employment Affairs and Social Protection, Deputy Pat Breen, who was present earlier, stated there was no definition of the particular industries to which we are referring. We are talking about the service sector because it should not be restricted just to hospitality workers. I was in a taxi yesterday and the taxi driver explained that when he takes fares from his app that 12% of his tips are taken back by the app employer. That is just as unfair as having a tip stolen if one is working in a restaurant. There has been a significant response to the Bill. My colleague, Mr. Barry Kearney, from our office has been working night and day on this Bill. He will confirm that the office has been inundated with telephone calls. I have been on 17 radio stations during the course of the past two days. The stations have run polls on their Facebook pages and have had huge responses on this Bill. What they are telling us is that there is something fundamentally wrong. It is young people, such as those in the Gallery, who are suffering. I do not think it is good enough to say that the Bill will have to wait six months. Of course, we need due diligence - that is the purpose of the Committee Stage of a Bill. This is a short Bill and we can do this on Committee Stage. I urge Members to support that principle. Let us work together. Let us show that we are good, that we are not just here to talk and to state our good intentions but then park the bus for six months. There could be an election in six months' time. What do we do then? Start the clock rolling again. How much longer do the visitors in the Gallery have to wait for respect and dignity. When the banks were in trouble, we did not wait six months. We did not wait to do due diligence, we passed the legislation at midnight and it was in place the next day. Why do these people have to wait? This is not complex legislation, it is very simple.

I genuinely welcome the comments from across the Chamber. Senator Buttimer talked about a statement of endorsement. We need more than words. We need action. Would it not be wonderful if the Members of Seanad Éireann were able to produce a simple Bill that would make a major difference to ten of thousands of workers; that would send a strong message to the bullies and the unscrupulous employers that they cannot do this anymore; and that would stand by the very many thousands of good employers across the country who do their best and look after their staff and give them a fair wage? We need to do a little more than we have agreed to. I am really pleased the Bill will pass Second Stage. The intention of my party is to pursue this Bill to Committee Stage. I would ask for and expect the support of everybody in this Chamber in this regard.

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