I move amendment No. 1:
In page 3, lines 32 to 38, to delete paragraph (b) and substitute the following:
"(b) any other contract whereby an individual agrees with another person to personally execute any work or labour in return for payment."
I welcome the legislation. Any of the issues I am raising today arose out of consultations with the Irish Congress of Trade Unions on areas which we feel could be tidied up. This is forward thinking and progressive legislation. At a time when many people are worried about the protection of young people, this legislation sends a very strong and welcome signal from Government. Any remarks I make on specific issues should be taken in that general context. I intend to tease out some issues today in these amendments, many of which are grouped together, with a view to hearing explanations from the Minister of State on various aspects of the Bill. I intend to retable some of them on Report Stage, depending on the Minister of State's replies.
Section 1 (1) (b) of the Bill which deals with the contract of employment is very convoluted. Paragraph (a) states that a contract of employment means "a contract of service or apprenticeship" which is clear enough. However, paragraph (b) states it also means:
Any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is party to the contract),
whether the contract is express or implied or if express, whether it is oral or in writing;
One of the difficulties with this legislation is that it should be clearly comprehensible and easily assimilated and understood. It is important that those whom we are trying to protect understand and know their rights. While I know what is meant by "whether the contract is express or implied" or "whether it is oral or in writing" and all the other ifs, ands, buts, qualifications, modifications and explanations, my proposal is infinitely more practical and practicable. I am proposing to delete that paragraph and replace it with "any other contract whereby an individual agrees with another person to personally execute any work or labour in return for payment". If the Minister of State accepts the amendment, I will bring forward a verbal amendment on Fourth Stage to unsplit the infinitive.
My amendment is infinitely simpler and much easier to understand and explain than the existing paragraph. Ordinary, non-legal people need to be able to understand parts of this Bill. Ordinary employers of young people would have difficulties with that paragraph because it requires a great deal of rereading. It is a long, difficult sentence with a variety of subclauses and phrases which make its comprehension quite difficult. It is like a sentence in a difficult examination paper which is accompanied by the words "please explain".
I defy the Minister of State to analyse the sentence "whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person is party to the contract, whether the contract is express or implied or if express, whether it is oral or in writing" and to tell me at whom it is directed. I had to go through it very carefully and separate the subclauses. I am throwing myself at the mercy of the draftsman, but is my amendment not a much simpler way of dealing with something which sounds very complex?