Regina Doherty (Meath East, Fine Gael) | Oireachtas source

The bands are so effective because not only is there a look-back at the previous 21 months, there is also the security of the position being set for the following 12 months. Once a person has been placed on a band of hours, he or she can never be given fewer hours. He or she can always be given more hours, which would have to be reflected in the next look-back in order to bring the person up to the next band. A person can never be given fewer hours. If one is placed on a band of 15 hours this year, one cannot be given fewer than 15 hours a week. This means that when there is a look-back the following year, a person's employer cannot reduce his or her hours to five. Of all the measures in the Bill, this is the most powerful.

I shall now turn to what the Senators are trying to do. It was brought to my attention this afternoon, and I say this reservedly, that apparently there was some rumour going around earlier that I was not to accept any amendments in the Seanad because the Bill would not go back to the Dáil, or some rubbish like that. This House is as important as the Lower House and provides as much advice, scrutiny, maturity, respect and additions to legislation as any other organ of the legislative process. I do not know where that rumour started but it is completely unfounded. It certainly did not come from me.

I cannot accept the amendment because it will delay the Bill. It is not the case that I can say that we would accept it and I will fix it by next week. I am back in this House next Tuesday to take Report Stage with a view, hopefully, to getting the Bill into the Dáil for the final hour on the 19 December, having it passed and then getting it enacted in January. I am not trying to be funny or smart but I will not pass legislation having been informed by the WRC and the Labour Court that it is unworkable and then just shunting it off to them to say "Off with you now and fix it". I put it to Senator Ruane that it is not the case that the Department comes along, takes an amendment and says "Actually, it has to be done with a blue hat or with green flowers." That is not what we do. The legislation would reflect exactly what is written in this amendment, which is not enforceable. It would not fix or make anything better for those people the Senators are trying to help.

Senator Higgins asked if I could provide guarantees that we would change by regulations. If I we were to try to do what the Senator wants to do, it would not be via this Bill. We would be obliged to amend the Protection of Employees (Part-Time Work) Act 2001 in order to make the additions - with the prescription of what the Senators are trying to do - and effect the proposed change for the people in the particular industries to which the Senators have referred. In order to do that, I need evidence. I do not have such evidence. Again, I am not trying to be smart but for donkey's years we have been listening to one particular union telling us that this is a problem. That union has never taken a test case to the WRC or the Labour Court. I ask the Senators, genuinely, to trust me. I do not think I have ever steered them wrong during the year in which I have been doing this job. We will start a public consultation on this matter after Christmas and the Senators will get me two people - that is all I will need - and I will take the case to the WRC to test it. We will see exactly what needs to be amended to the Protection of Employees (Part-Time Work) Act to ensure those people, who are mainly women, get treated fairly under the Protection of Employees (Part-Time Work) Act. These are people who are involuntarily working part-time and who would give their left arms to be working more. If the current legislation is not fit for purpose and if we were to take a case to the WRC and it does not stand up, we would have the public consultation with evidence behind us to actually draft an amendment to the Protection of Employees (Part-Time Work) Act. The Senator can do it in her name next year and I would fully support her.