Ivana Bacik (Labour) | Oireachtas source

I move amendment No. 22:

In page 5, line 11, to delete “may” and substitute “shall”.

I will speak to amendments Nos. 22 and 24 and I referred to this matter on Second Stage. These amendments seek to substitute "shall" for "may" in two instances, in section 20A(4) and section 20A(5). It is an attempt to address the lack of specificity in the provisions, which provide that regulations "may" prescribe a number of matters but do not set out any requirement that the regulations would prescribe, for example: "the classes of employer to which the regulations apply" or the frequency with which the information will be published in its format and so on.

As I said on Second Stage, many of us would have a concern that it is unduly vague. It is enabling legislation but there is a vagueness as to how the information is to be published, in what format it will be published and to whom it will apply. There is also a question around how often it is to be published. The Minister has said it will be published annually, but section 20A(5) states it "shall not be more frequent than once in each year". That could mean a number of different things so there is already a lack of exactness in that. There has been such a long incubation period that it would be important those to whom it will apply and those who have to carry out functions of reporting under it would have greater clarity in the primary legislation on the way in which it will take effect. We are attempting to tighten up the language and to make it more prescriptive in format.

In earlier amendments, we wanted to specify the role of trade unions and we are conscious this has not been formally recognised in the legislation. We are hopeful that might be addressed in the regulation, and as the Minister has said, he has engaged with trade unions and other stakeholders, which is welcome. Again however, there is a lack of clear prescription in the provisions we are trying to address with amendments Nos. 22 and 24.