Gerald Nash (Labour) | Oireachtas source

I know what Senator Ruane is trying to achieve and I support that in principle. I remember reading the advice of the WRC around the time the discussion was taking place on Committee Stage in the Dáil and I was quite taken aback by the strength of that. In my experience in these Houses I do not think I have ever seen the WRC provide that kind of advice in advance of an amendment being considered. It was very detailed and it set out its concerns about the operability of legislation, notwithstanding the fact that the principles here are all very sound. We all want to see those who are underemployed having access to hours they should have access to. It makes business, economic and social sense.

I am scared witless that we would delay the enactment of this crucial legislation any longer than we have to. Everyone in this House wants to see this legislation enacted as quickly as possible. Senator Ruane has genuine concerns about this element, or about this cohort of workers who should be better supported through our legislative or regulatory framework. I am not certain how to do that with this amendment. It may require some work. Could agreement be reached in this House this evening to try to come up with a solution between now and Report Stage, where the position could be finessed in a better way to address the concerns I know the Minister and her officials may have and the advice they may have been given, which would be the same as that which the WRC gave on the operability of this? There is no point in us making laws that are extremely well-intentioned but may fall at the first hurdle. We know, and I am aware from my experience, that there are employers with very deep pockets who are only too prepared to go to the courts and throw as much money as they possibly can at demolishing some very significant protections we have in this State for workers.I am concerned that if one or two elements of this legislation were a little unsound or perhaps not properly finessed, then the whole edifice could be toppled. I am not stating that is the case or that it will happen. However, I have some experience in these matters and I know that it often does happen. We run a risk of it happening, although I am not saying that it will happen. I ask that over the next few days we could reflect on this and not divide at this point. I would certainly make whatever contribution I can to trying to resolve this, understanding, as I think I do, where the problems lie. Perhaps we could come up with some sort of a solution that would work for everybody. I am not sure if that is possible but perhaps it would be and we could address this matter on Report Stage.

I do not know if my proposal would be acceptable to Senator Ruane. Let us see. If the House needs to divide, then it will do so and we can deal with that eventuality. In this Legislature, people are entitled to hold their views and press their amendments.