I share the Ceann Comhairle's words of welcome to our distinguished guests.
I understand from where Deputy Broughan is coming. I am sure he will appreciate however that I do not have the power to deal with the situation. He is seeking to cover situations whereby employees with the agreement of their employers will have taken leave to care for a person requiring full-time care and attention prior to the passing of the Bill and in this regard provide that such leave will be carer's leave for the purposes of the Bill. While it may be desirable that employees in such circumstances would have the protection afforded by the Bill applied to them in respect of leave taken prior to the passing of the Bill I am advised that it would be in breach of natural justice to impose retrospective obligations on employers who would, in fairness, have acted in good faith by allowing their employees to take leave to which there was not a statutory entitlement at the time. If the employee was to be penalised by the employer, for example, by dismissal, he or she would always have access to redress in respect of their contract of employment under the Unfair Dismissals Act, 1977.
I gave the Deputy the figures that have emerged with regard to people availing of this scheme earlier and I stress that what is happening now is by agreement. My difficulty here is that I cannot force or oblige employers to act in a certain way. Clearly, the sooner we get this legislation in place the better and I appreciate the Deputy's co-operation. If there is a particular problem with regard to dismissal there is, as I mentioned, the Unfair Dismissals Act. I understand the Deputy's difficulty but my hands are tied on this and I hope the agreements in place will hold and we get our legislation in place as soon as possible. From here on there will be a compulsion on all concerned to abide by the law.