Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I move amendment No. 5:

In page 10, between lines 11 and 12, to insert the following:"Construction of references to employer and employee
3. (1) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to a relevant enactment—

(a) references in this Act to employer shall be construed as references to employer within the meaning of the relevant

enactment concerned, and

(b) references in this Act to employee shall be construed as references to employee within such meaning.

(2) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1946, references in this Act to employee shall be construed as references to worker within the meaning of the Act of 1946.
(3) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1994, references in this Act to employer shall be construed as references to relevant employer within the meaning of the Act of 1994.
(4) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1995—

(a) references in this Act to employer shall be construed as references to relevant employer within the meaning of the Act of 1995, and
(b) references in this Act to employee shall be construed as references to adopting parent within such meaning.

(5) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Inland Fisheries Act 2010 (in this subsection referred to as the "Act of 2010"), references in this Act to employer shall be construed as references to IFI within the meaning of the Act of 2010.
(6) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 2012—

(a) references in this Act to employer shall be construed as including references to hirer within the meaning of the Act of 2012, and
(b) references in this Act to employee shall be construed as including references to agency worker within such meaning.

(7) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2004 (S.I. No. 494 of 2004), references in this Act to employee shall be construed as references to crew member within the meaning of those Regulations.
(8) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007)—

(a) references in this Act to employer shall be construed as references to relevant undertaking within the meaning of those Regulations or SCE within such meaning, as may be appropriate, and
(b) references in this Act to employee shall be construed as references to a person referred to in clause (a), (b), (c) or (d) of Regulation 20(1) of those Regulations.

(9) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Cross Border Mergers) Regulations 2008 (S.I. No. 157 of 2008)—

(a) references in this Act to employer shall be construed as references to relevant company within the meaning of those Regulations, and
(b) references in this Act to employee shall be construed as references to a person referred to in clause (a), (b), (c) or (d) of Regulation 39(1) of those Regulations.

(10) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross Border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009), references in this Act to employee shall be construed as references to mobile worker within the meaning of those Regulations.
(11) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of 2012), references in this Act to employee shall be construed as references to mobile worker within the meaning of those Regulations.".

This is required to ensure there is no ambiguity as to how the provisions of this Bill are intended to impact on those of certain existing enactments. It includes, specifically, in respect of Deputy Tóibín's earlier amendment, in subsection (2), "For the purpose of the operation of this Act, and to the extent ... that this Act applies, in relation to the Act of 1946, references in this Act to employee shall be construed as references to worker within the meaning of the Act of 1946." That was why his amendment earlier was deemed unnecessary.