Gerald Nash (Labour) | Oireachtas source

I also welcome our colleagues and trade union friends in the Public Gallery and those from the student movement. The latter is directly affected by this issue because many students are working in the hospitality sector and depend on their income to get through college, provide accommodation for themselves and so on.

We should not make this complicated. This should be a matter of law. There is a demand for this issue to be made a matter of law and for this to be enforceable.

We were expecting to see the Low Pay Commission's report a little earlier. I am pleased that the commission has now submitted its report to the Minister and that it will be published shortly. I was proud to work with Senator Gavan on this legislation. The Labour Party supports the principles, aims and ambitions of the legislation. We will use the Low Pay Commission's report to inform any necessary amendments that might be required on Report Stage.

Speaking directly to the amendments, the point Senator Warfield made is important. Responsibility is given to employees to manage and oversee an agreed system for distribution and management of tips. That takes the responsibility away from the employer, which is a good thing. Many employers would appreciate the kind of direction and certainty that is not there at present. Ultimately, this needs to become a matter of law in order to ensure that the rights of workers are vindicated. There should be a right for an employee to obtain a tip that was intended for him or her. It is a matter of importance for consumers who need clarity and certainty that, when they are out for a meal or having a drink, the tips they give end up in the pockets of the people for whom they were intended. I have come across too many cases where tips have, in effect, been stolen by bad employers. Most people in this Chamber agree that the playing pitch needs to be levelled and that no unfair advantage should accrue to a bad employer because he or she decides to pocket the tips to ensure that the bottom line of the business and turnover are improved and profit is supplemented.

I am happy to take the advice of the Low Pay Commission on any amendments that might strengthen this Bill, make it better and more robust. I know I speak for Senator Gavan and his colleagues in Sinn Féin when I say that they would also take that approach.