Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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134. To ask the Minister for Enterprise, Trade and Employment his plans in relation to consulting interested groups regarding the proposed legislation to grant access to the Workplace Relations Commission for retired workers that was deferred for 12 months in the last term of Dáil Éireann; and if he will make a statement on the matter. [60258/21]

Damien English (Meath West, Fine Gael)
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Government agreed to a timed amendment to the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021.

This will allow time, as I outlined on the floor of the Dáil, to examine the issues carefully and to ensure that all stakeholders are consulted.

This process will commence in the coming weeks and will involve both public consultation and engagement with organisations representing retired workers.

Louise O'Reilly (Dublin Fingal, Sinn Fein)
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135. To ask the Minister for Enterprise, Trade and Employment if the provisions of the payment of wages (amendment) (tips and gratuities) Bill will come into force through the primary legislation itself or through secondary legislation; and if he will make a statement on the matter. [60295/21]

Damien English (Meath West, Fine Gael)
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On 27th October the Tánaistereceived Government approval to draft a Bill that will prohibit the use of tips and gratuities to ‘make up’ contractual rates of pay and will require employers to clearly display their policy on how tips, gratuities and service charges are distributed. This will ensure that tips and gratuities are additional to a worker’s wage and are not subsumed by employers into the wage.

I can advise the Deputy that the new provisions are being brought in by primary legislation as they involve amendments to existing legislation as well as some new provisions. The General Scheme of the Payment of Wages (Amendment) (Tips and Gratuities) Bill was published on my Department’s website on 12^thNovember last. The General Scheme can be found at:

enterprise.gov.ie/en/Legislation/General-Scheme-of-the-Payment-of-Wages-Amendment-Tips-and-Gratuities-Bill.html

Department officials are currently finalising the draft Heads of Bill in conjunction with the Office of Parliamentary Counsel. The Tánaiste will then seek Cabinet approval to publish the Bill early in the New Year.