Arthur Morgan (Louth, Sinn Fein)
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Question 145: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the criteria that will be attached to the inability-to-pay provision for the hotel, catering and retail sectors in respect of the way companies will demonstrate if they are in financial trouble that prevents them from paying their staff the minimum wage; the provisions that are being put in place by her Department as part of this clause that will prevent the exploitation of this legislation by employers who do not want to pay their employees the minimum wage; the steps that are being planned by her to make provision for workers in the business affected whose wages will be cut; if there will be a cut-off point at which employers will have to pay their employees a set wage below which they cannot go; if the remainder of the wage will be met by her Department; and if she will make a statement on the matter. [4684/10]

Dara Calleary (Mayo, Fianna Fail)
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As the Deputy will be aware, the Government intends to introduce an "inability to pay" provision that will be adapted to the specific context of Employment Regulation Orders (EROs) and Registered Employment Agreements (REAs) respectively. This will be effected through the Industrial Relations Amendment Bill 2009 which is currently receiving a second stage reading in the Dáil, having completed its passage through the Seanad. The specific amendment to the Bill is currently being finalised in anticipation of the Committee Stage reading of the Bill.

The precise details of the approach being taken are not settled. However, I can say with certainty that there will be no question of the State compensating anyone for adjustments to wages that may arise as a result.

I have committed to consult with the opposition spokesperson and the relevant social partners during the process.