Alice-Mary Higgins (Independent) | Oireachtas source

With respect to the Minister, I do not believe he has achieved that balance. The phrase he used, “the minimum information necessary”, is not in the Bill, rather it states, "such information as the employer may reasonably require in relation to ... the employee’s relationship with the person", and relationship can be construed many ways, and refers to “the nature of the personal care or support”. That is the detail of what a person will do in terms of personal or support. It addition, the employer may require relevant evidence around the needs of the person concerned for significant care or support.

I urge the Minister to take on board reasonable points that were made on the language. We have this opportunity now between Committee and Report Stage. I have suggested one route and alternative perspective that would achieve the same aim as suggested by Senator Seery Kearney, which is something that makes clear the basic requirement that the relationship satisfies the criteria and not the nature or anything that might be reasonably necessary, but whether it fits the criteria, for example, that there is a medical need and the person is in one of the named relationships. Once that is evidenced, then by leaving it as to the employer’s reasonable requirement, which each employer may or may not interpret, the Minister is relying on each employer interpreting that in a way that will be necessary and proportionate, rather than making it clear in the Bill. Why not just make it clear in the Bill? Then every employer knows what it is meant to do. There will not be a situation where you have to have a long chat with an employer where it is asking you questions and it does not know what it can ask you and you do not know what you have to tell it.

Let us make it clear, and there is a chance to do that between Committee and Report Stage. Necessity and proportionality is one simple way to do it.