Gerald Nash (Labour) | Oireachtas source

I will not support the amendment either for the reasons outlined by Senator Higgins. This issue has been kicked around for several years. It is central to the Bill and to the effectiveness of any legislation we might bring in. The sanction is important and has been scrutinised to within an inch of its life over the past three or four years. I am comfortable with it and anybody who has any interest in vindicating the rights of working people should support it. We will return to this later as there is another amendment in respect of section 20 relating to bogus self-employment. It was introduced by Deputy Willie O'Dea of Fianna Fáil and states that a person guilty of an offence under the section "shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or to both". One Fianna Fáil Member is saying that an employer who miscategorises employment status in terms of bogus self-employment should face criminal sanction, while another Fianna Fáil Member is arguing that it is fine for someone to put their two fingers up to a worker in a precarious situation who turns up for work without being sure what the hours or contractual arrangements are. I do not accept that. We should retain the provision in the legislation and perhaps Fianna Fáil should get its house in order.