Alice-Mary Higgins (Independent) | Oireachtas source

I will speak briefly in favour of Senator Currie's amendments. They demonstrate the fact she has a very good understanding of remote working and how it operates. I do not believe there is the right balance. There are problems with the language in the Bill about the basis on which an employer can withdraw the arrangement. It is very fair to put in the words "reasonable and demonstrable" because, otherwise, a considerable amount is resting on the individual psychology or preferences of an employer. I wish to note areas in this section, because I may bring amendments to them on Report Stage. One of them is the fact that only the employer needs to be satisfied with the arrangement. The person who needs to be satisfied by the argument is solely the employer. If the employer can demonstrate that I agree with myself, as it were, that is almost the bar that is being set here.

Even if the issue is brought to the WRC, we do not have objective language such as "reasonable and demonstrable". We simply have the test around whether it is trivial and whether the employer is satisfied with his or her own argument. It is a bit of a tautological loop. The other point is about the concern with the employer's satisfaction. I am concerned not only that the arrangement "is having" but also "would have ... [an] adverse effect on the operation". Rather than give evidence, a person can simply say he or she believes it would have an adverse effect. That person is not being required to demonstrate why it would have an adverse impact or reasonably to show that. He or she is given space for speculation and agreement with him or herself. That is a concern.

Even if written reasons go to the employer, who might go to the WRC, there is very little for the employee to lean on unless we have objective standards that are not solely in the psychology of the employer, but are separate, "demonstrable", as Senator Currie said, or "reasonable", which is an established phrase in multiple parts of legislation. We are always asking that things would be reasonable. The word has good legal form.

The amendments by Senator Currie are very good. I urge that they be properly considered. If the Minister will not accept them at this point, I urge that he examine section 13E, in particular section 13E(1), and look to how there could be some kind of strengthening or improving of the language in them.