Seanad debates

Wednesday, 29 June 2022

Sick Leave Bill 2022: Committee Stage

 

10:00 am

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

It is good to be back in the House again to discuss this important legislation. I thank the Cathaoirleach for facilitating the debate. The issue of the definition was discussed in both Houses on a number of occasions previously. I understand the concerns that have been raised, and the Senator's amendment reflects those concerns. The Irish Congress of Trade Unions, ICTU, also raised the same concern. In our view, the amendment is unnecessary. The general rule is that where a term is not defined in legislation, the ordinary understanding of the term applies. It is notable that the State illness benefit scheme does not have the term as defined, and this does not lead to any difficulty. Generally, inserting a definition where none is normally used can lead to some uncertainty as to whether a different interpretation is intended. The legal opinion around the legislative process and the bringing forward of new legislation is that definitions should not be used unnecessarily. We think the amendment is not required. Other legislation has followed a similar approach. I hope the Senator accepts our disagreement on the amendment.

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