Alice-Mary Higgins (Independent) | Oireachtas source

This is related. In the context of this section, there was concern about clarity as to, for example, what is a service charge and what is a tip. The way the language is currently phrased is quite good because it refers to what might reasonably be interpreted. It sets the position out quite clearly. It is not overly prescriptive in that it states that the customer intended or assumed the payment would be redistributed to the employee or employees. The Bill contains sections whereby there is provision such that the policy of any individual establishment should be published. That allows for any ambiguity to be cleared up. I know the proposer of the Bill is happy to work to add further clarity as it might be needed. There is already provision in the Bill that might be able to address those concerns in due course.

It is great that we will get the report from the Low Pay Commission. We know that many union activists were out campaigning on St. Valentine's Day for this Bill and the right for workers to access their tips. People will travel to Ireland on St. Patrick's Day for the welcome, the relationship and the reception they get in our pubs, restaurants, cafes and all parts of the hospitality industry. It will be unfortunate if we go into the summer without having got this Bill through. It is good to have that report from the Low Pay Commission but it will be imperative that all of us work together, across this House and in the Lower House, to ensure that we go into the summer with real clarity.

Workers in the hospitality sector have had a decrease in clarity. I launched the task report on precarious work where there has been a lack of predictability. This gives predictability when, unfortunately, employers have been slow to engage with the joint labour committees and some of the other areas of clarity. The Government's legislation on banded hours will help to some degree but this is another key way to give predictability and planning and ensure there is a sense of recognition for the work that is done.

Speaking specifically to amendment No. 3, this was my only concern with the Bill and I am happy to see it addressed. When I worked in restaurants, I never made it to the position of waiter but I was a busser. I was the water deliverer, snack provider, menu layer and all the rest. I like that the Bill makes reference to tronc schemes. This amendment makes it clear that it is for employee involvement. I am sure it is the intention of the amendment, as the proposer will confirm, that it will refer to all of the relevant employees. That is why I am keen to see that specific amendment brought in and to see benefits for all of those who are contributing.

Again, tips are about the relationship between people who access services and those who provides them. They are not petty cash. They are not a bonus for employers. We need to confirm that. They are a direct relationship and a kind of contract that exists between a customer and an employee.

This is a good Bill because it brings us further along the road. I thank the Minister of State for taking it on board and I hope he will also take on board the concerns about the need to expedite its passage subsequent to his own amendments.