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

To reiterate, there are some issues with regard to the other sections but I will not be pressing them to a vote. It is just to put them on the record. There are an enormous number of subsections in section 2 that are very helpful and clarify certain scenarios that would rule out a determination of employment. I have asked the Department to seriously consider, with the Senator's permission, inserting them in the new statutory code of practice. We will liaise with him on that in the coming days.

Subsection (3) of section 2 attempts to define a genuine self-employed relationship in terms of the client or the customer relationship and these are terms that are not defined anywhere. It is clear from the advice we have been given that this could provide conflict and legal challenge. It is on the basis that it would undermine the current legislation, even though that is not strong enough to do what we all want it to do, I cannot support the section.