Seanad debates

Tuesday, 4 December 2018

Employment (Miscellaneous Provisions) Bill 2017: Committee Stage

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

The Minister is expressing concern about the issue at hand. Nonetheless, we face a dilemma here and I see her argument in relation to time. We know how long it takes to get legislation through all Stages but is there scope, since she will be going back to the Dáil in any event, for a Government amendment to be brought in on Report Stage in which she can reserve the right to introduce by statutory instrument or otherwise, measures on the particular problem at issue, allowing a period of time for what consultation she sees as necessary? Many issues in many policy areas move forward without extensive periods of consultation. This is one where there has been a flagged concern.

There is also a jeopardy within the Bill. It is a very positive Bill but we do not want a situation where we end up with companies with large numbers of people on the very low bands. We do not want that but that is a jeopardy in the Bill. This potentially, although perhaps not implemented as it is set out here, could have a provision, or a similar provision, as a mechanism to ensure that where more hours are permitted, we have people moving up the bands, as would be appropriate. It is an important factor.

Could the Minister include a provision that within six months, or whatever, that she reserves the power to introduce a statutory instrument, in consultation with the WRC, the LRC, or whoever else she deems fit, measures or regulations in respect of the offering of hours to employees, subject to X, Y or Z. The issue needs to be tackled and it is not really satisfactory given that we have had these rules for so long. The WRC and the LRC have not tackled or addressed it.

Cases have not been taken but the very fact of that shows that these measures are inadequate. We need to reserve an extra stick on this issue. Can the Minister find a way to ensure that power, and that we do not have to wait for a new Bill or a three year review of this Bill, to address this issue?

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