The National Minimum Wage Act 2000 is amended -

(a) by the substitution of the following section for section 11:

"11.

(1) The Minister shall, by order, declare a national minimum hourly rate of pay for the purposes of this Act of €7.65.

(2) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(3) The Minister may make an order under subsection (2) whether or not a recommendation under section 12 or 13 has been made.

(4) The Minister shall, for the purpose of deciding whether or not to make an order under subsection (2), take account of the following matters:

(a) changes in earnings during the period since the most recent making of an order under this section;

(b) changes in currency exchange rates during that period;

(c) whether during that period -

(i) unemployment has been increasing or decreasing, and

(ii) employment has been increasing or decreasing;

(d) the likely effect that the proposed order will have on -

(i) levels of employment and unemployment,