Pat Breen (Clare, Fine Gael) | Oireachtas source

I have previously expressed our concerns about the nature of the sanctions proposed in this instance. This continues to be a source of concern. The Bill is unclear regarding accountability. While everyone would agree that actions such as withholding tips or deductions from an employee's tips are unacceptable, section 4 introduces a criminal offence in respect of the employer in this regard, including upon conviction, a fine or imprisonment. This seems to be particularly unfair given that the employer may have no input in the administration of the distribution of the tips. It might even be argued that any attempted prosecution could fail on the grounds of a lack of fair procedure. We need to consider this carefully before proceeding with the Bill.