Alice-Mary Higgins (Independent) | Oireachtas source

A pattern is emerging. Of course not every workplace is suitable for remote working. If we have proper legislation, then reasonable grounds can be shown. I refer to the reasonable and demonstrable language Senator Currie is talking about and the kind of language Senator Sherlock is putting forward in respect of reasonableness as well. If there is a reason why remote working is not appropriate, that is fine. However, we must look to the pattern here in respect of the amendments being rejected. I refer to every amendment that seeks reasonableness be applied or inserted into the process anywhere, the idea that reasons might have to be given to explain why decisions have not been yet been taken and a request in terms of reasonableness around the presentation of reasons for terminating an agreement.

Equally, there is the point being made in this amendment regarding even allowing the Workplace Relations Commission to talk about reasonableness. There is a line between the right to request remote working and having an automatic right to it. A right to request remote working should be one where there is a right to request this facilitation and that, where reasonable, it would be granted. This is different from having an automatic right to remote working, but it is not as vague as a situation whereby employees are being allowed to shout into the wind. In this instance, who will know what will have happened in employers' minds? Nobody will be able to assess in any way whether the decision made is reasonable. Why should the Workplace Relations Commission not be able to comment on the reasonableness of a response to a request? It may not have the power to force an agreement and an obligation in terms of remote working and this might well be one thing that would be a step further in this context. Surely it should be able to comment on the reasonableness of requests.

Going back to some of the other language referred to earlier concerning situations where an employer is satisfied about what might happen in the future, where employees are satisfied and where nobody comments on it, the Minister indicated that they can go to the Workplace Relations Commission. This body is not going to be able to help them at all, however. This whole process that the Minister spoke about regarding all these reasons being written out and provided to the employees to explain why it has been decided not to provide an arrangement or, indeed, to terminate such an arrangement is worth nothing because the Workplace Relations Commission can do nothing with it. The commission cannot comment on the matter. The Minister referred to narrowing the scope. I hope we do not get lots of little videos popping up on Twitter saying that we have brought in remote working and we are brilliant, because the Minister has been really clear that he is not bringing in a right to remote working. The right to request remote working is there as a process, but there is not even going to be a requirement of reasonableness properly inserted into the legislation in respect of the decision-making process relating to these requests. I do not think that this is great news.

The Minister stated that he wanted to be clear and not overly ambitious, but I can anticipate the media response we are going to get after this section goes through. The more we look at it, the weaker and weaker it appears. It is really disappointing. The time to introduce meaningful remote working and a right to it is now. The Minister mentioned different employees in different categories. He is correct. That is what this comes back to again and again. There are those who will be in a strong negotiating position with an employer. There will also, though, be many people who desperately need flexibility and who would really like to and know they could do a job remotely, but where the power imbalance is going to be weaker. In this case, the legislation will not even require an assessment of reasonableness in relation to how that power, which is stacked heavily in favour of the employer, is going to be exercised.