Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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This is not the appropriate forum for that. We are dealing specifically with this Bill. You know you are not allowed to refer to specific-----

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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You are not allowed to refer to a specific-----

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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You are out of order and you know that.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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This is highly irregular and you know that. You are experienced enough to know this is not appropriate.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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You are sensible and experienced enough to know you are out of order.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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If you want me to ask you to leave, I will do so.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Deputy Tóibín, please listen to, and respect, the Chair. You are an experienced politician and you know you are out of order. We are here to discuss the Workplace Relations Bill 2014. You also know as a member of this committee and of the Dáil that you are not entitled to speak specifically about individual companies. Please, respect the Chair and let us proceed with what we are supposed to be doing, namely, dealing with the Workplace Relations Bill 2014.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I propose we return to private session to further discuss the issue at hand and to get a decision on how we will proceed with the Workplace Relations Bill 2014.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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We will discuss amendments Nos. 1 to 5, inclusive, 23, 29 and 31 together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 1:

In page 8, between lines 6 and 7, to insert the following:" "Act of 1994" means the Maternity Protection Act 1994;
"Act of 1995” means the Adoptive Leave Act 1995;".

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 2:

In page 8, between lines 12 and 13, to insert the following:" "Act of 2012” means the Protection of Employees (Temporary Agency Work) Act 2012;".

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Does the Deputy wish to make it in private session?

Richard Bruton (Dublin North Central, Fine Gael)
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I can give the Deputy a report on the agency under my control and seek information on the Department of Social Protection and the Revenue Commissioners which have statutory responsibilities in this area. The suspension of the sitting is unnecessary to enable me to seek that information and would not in any way be helpful in accelerating the gathering of the information from the agencies involved. I am happy to undertake to assemble the information for the Deputy.

I cannot guarantee that he will be happy with the information provided, because these are independent agencies that are conducting their work in a fair and objective way. However, I will assemble the information to the best of my ability.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Is the amendment agreed?

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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I propose that the select committee suspend for 15 minutes to clarify the position regarding votes.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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The situation pertaining is that we must ring the bells for four minutes and then wait for four minutes or until the full membership is present before proceeding to take the vote.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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We resume on amendment No. 3, which has been already discussed with amendment No. 1.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 3:

In page 8, to delete lines 20 to 23 and substitute the following:
" "employee" and "employer" shall be construed in accordance with section 3;".

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Is the amendment agreed?

Richard Bruton (Dublin North Central, Fine Gael)
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I do not agree to the insertion of the amendment as it is unnecessary.

Anthony Lawlor (Kildare North, Fine Gael)
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It is to clarify what is a worker because I feel like an unproductive worker at the moment. It is important to recognise that a worker is someone who is a productive worker. Sinn Féin's tactic is to make me, as a representative of the people of Kildare North, an unproductive worker and see taxpayers' money being spent in an unfruitful manner. It is not right.

Richard Bruton (Dublin North Central, Fine Gael)
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Could we go into private session briefly? I have received information on one of the issues raised.

Richard Bruton (Dublin North Central, Fine Gael)
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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.".

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Amendments Nos. 6 and 83 are related and may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 6:

In page 11, between lines 28 and 29, to insert the following:“Repeal of enactments
7.(1) The enactments specified in column (3) of Schedule 2are repealed to the extent specified in column (4) of that Schedule.
(2) The repeals effected by subsection (1) shall not apply in respect of complaints or disputes made, presented or referred to a rights commissioner under an enactment specified in column (3) of Schedule 2before the commencement of Part 4.

(3) The repeal of section 11 of the Act of 1973 effected by subsection (1) shall not apply in relation to a dispute referred to the Employment Appeals Tribunal under that Act before the commencement of Part 4.
(4) The repeal of section 11 of the Act of 1977 effected by subsection (1) shall not apply in relation to a claim for redress under that Act brought before the commencement of Part 4.
(5) This section shall come into operation upon the commencement of Part 4.".

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Amendments Nos. 7 and 8 have been deemed out of order.

Dara Calleary (Mayo, Fianna Fail)
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The clerk to the committee has advised me that we can resubmit those amendments for another Bill. The concept of those amendments were that pensioners and deferred pensioners in a company should have a right of representation when it comes to decisions being taken about companies, particularly about company pension funds. We have a situation this week where company pensioners are being subject to severe income cuts and they do not have the potential of making up that cut. I give notice that I will submitting amendments to the industrial relations (amendment) Bill in relation to the rights of company pensioners and company pension holders to be consulted when it comes to the industrial relations aspect of it.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Amendments Nos. 9 and 10 are related and may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I am happy to accept that amendment.

Dara Calleary (Mayo, Fianna Fail)
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I want to give notice of an amendment for Report Stage. I am not sure whether I gave it earlier. In section 19, there should be a statement in every workplace of the statutory entitlements of staff. Under the Bill, every employee should have access to that statement.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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We will ensure section 19 is included on the Report Stage list as well.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Amendments Nos. 11, 12, 15, 17 and 18 are cognate and may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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These amendments relate to the time limit, as the Deputy indicated. They seek to reduce the time period from 42 days, as provided for in the Bill, to 14 days.

The Bill seeks to standardise the time periods for appeals across the broad spectrum of employment rights legislation and provides for a 42 day appeal period for decisions of workplace relations commission, WRC, adjudicators and the Labour Court. This was the existing provision in respect of the Equality Tribunal, for example, and it is in accordance with the rules of court. The proposed amendments would not be consistent with the standardisation of time limits in employment rights legislation generally, which this Bill strives to achieve. This is regarded as a reasonable standard to allow someone who has had an adjudication to provide an assessment of it in the case of a compliance notice or a fixed payment notice. This is regarded as reasonable in terms of a procedure of this nature, which is of considerable significance in the case of those adjudicated against. I am not in a position to accept the amendment.

Richard Bruton (Dublin North Central, Fine Gael)
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Amendment No. 13 is not appropriate, as section 6(2) already provides for criminal liability for certain persons connected to a body corporate in certain circumstances. In the case of offences under this Act, extending liability for the debts of an insolvent company to the officers of the company would, I am advised by the Attorney General, be constitutionally suspect and would represent a major departure in company law.

The overriding principle of company law is that a director's duties are owed to the company and not to the individual shareholders or employees. If there is a breach of duty on the part of a director which causes damage to the company, he can be sued or held liable for damages. Claims can be brought by shareholders, by a financial institution or on a director-versus-director basis. Liability may arise out of lack of care and skill in the performance of the director's duties, negligent advice or a misstatement. Any act which goes beyond the limits of the company's constitution, such as excessive borrowing, unauthorised payments, failure to disclose the full extent of the director's interests or a failure to comply with requirements, may involve a director or officer in personal liability.

Company law penalties vary from restriction or disqualification orders to fines and periods of imprisonment. The Companies Bill provides for a four-tier categorisation for most of the offences, with the exception of fraudulent trading and market abuse. The Companies Bill also contains a new provision in section 872 whereby, following conviction for an offence under the Companies Act, a trial judge can order that the convicted person should remedy any breach of the Companies Act in respect of which he was convicted. In effect, the provisions of the Companies Bill amount to a more constitutionally robust rewording of section 383 of the 1963 Act, as amended by section 100 of the Company Law Enforcement Act 2001. From a company law perspective, the proposed amendment challenges the entire principle of company law. If it were to be implemented, the doctrine of separately legal personality would become a exception rather than the rule.

Having regard to the foregoing, I am not going to accept the amendment. What the Deputy is suggesting is, on the advice of the Attorney General, not something I can accept. We are looking to have new enforcement procedures under this Bill. This is one of the areas we are seeking to improve. Where there is a breach and a finding for the worker, the idea is that it becomes easier to enforce such cases, and that is being provided for in this legislation. The Deputy's amendment is seeking to reconstitute company law and, for the reasons outlined, that is not acceptable.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Is the amendment being pressed?

Richard Bruton (Dublin North Central, Fine Gael)
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This is an issue of company law. Clearly, there is a far wider debate at issue than a breach of employment law. We are dealing with the enforcement of employment law at the moment. I cannot accept the amendment, but I believe the principles of company law would have to be respected. Any amendment from the Deputy seeking changes in company law would have to be drafted within the understanding of company law. While I understand what the Deputy is getting at, it is not something I can agree to.

Dara Calleary (Mayo, Fianna Fail)
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I see where the Minister is coming from, but the principles of employment law and respect should also be understood in company law. That is where the gap lies. Often, company law does not respect the fact that people work in companies.

Richard Bruton (Dublin North Central, Fine Gael)
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It depends. I am not an expert in the field. We do not set statutory obligations in respect of redundancy, except for the statutory two weeks plus provision. That is statutory redundancy. I gather that what the Deputy is referring to are companies that have structures such that when they close they do not pay money in addition to statutory redundancy. I do not believe we have provision in law to oblige people to adjudicate on what ought to be the non-statutory redundancy. There has never been any such provision. I believe the Deputy is trying to introduce, by way of personal liability on an individual director, something we do not provide for in law anyhow.

I am not sure-----

Richard Bruton (Dublin North Central, Fine Gael)
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On holiday pay, if a company goes down, we provide a safety net through the insolvency fund. It is provided where companies fail. I know that there is another issue where companies do not go into liquidation and remain, if ones likes, unliquidated-----

Richard Bruton (Dublin North Central, Fine Gael)
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That is an issue at which we are looking. As the Deputy knows, Revenue recently took a case to force the wind-up of a company. I accept that there are issues and that we need to try to tease them out, but I do not think the Deputy’s amendment is robust enough to do this or that it would be acceptable. The legal advice is very strongly against it.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No.14:

In page 26, line 29, to delete "or deputy chairman" and substitute "or a deputy chairman".

Question proposed:

"That section 32 stand part of the Bill."

Richard Bruton (Dublin North Central, Fine Gael)
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We will assess the merits of the Deputy's proposal when we see his amendment. It may be a matter that can be dealt with under the terms of the contract rather than having to be placed in the Bill. When the Deputy submits his proposal, I will have it assessed.

Richard Bruton (Dublin North Central, Fine Gael)
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The offences in respect of which a fixed charge notice may issue, as set out in subsection (5), are relatively minor. The three "relevant offences" are those under section 11 of the Protection of Employment Act 1977 which relates to the requirement for an employer to consult employees' representatives and the Minister on collective redundancies; section 4(4) of the Payment of Wages Act 1991 which relates to an employer's obligation to provide an employee with a pay slip; and section 23 of the National Minimum Wage Act 2000 which relates to an employer's obligation to provide an employee with a written statement of his or her average hourly pay.

My concern in regard to Deputy Peadar Tóibín's amendment is that doubling the maximum fee would be excessive. I am taking advice on whether it would be appropriate to issue regulations setting out guidelines as to the appropriate monetary amount of notice in specific circumstances. The overriding concern in practice is to ensure consistency in the application of this section and its provisions. We are retaining the full weight of enforcement for more serious offences; this particular subsection, which sets out the fixed notice approach, might be seen as akin to how one deals with more minor traffic offences. The nature of the offences dealt with curtails the level of fine we are considering.

Richard Bruton (Dublin North Central, Fine Gael)
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We have already doubled the proposed fine. The original charge was €1,000, as per the heads of the Bill.

Richard Bruton (Dublin North Central, Fine Gael)
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I will consider the matter before Report Stage. It is a question of proportionality as between the penalty and the offence. If it is a more serious offence, one goes with the full weight of a prosecution, whereas this subsection is dealing with offences where a summary approach is appropriate. We will re-examine the issue.

Richard Bruton (Dublin North Central, Fine Gael)
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The concern on our side is that if we are going to allow for the imposition of that level of fine on a party, it might be necessary to move to a more formal procedure. I will consult on the matter between now and Report Stage to see what the judgment is on it.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 19:

In page 30, after line 39, to insert the following:"Prosecution of offence under relevant enactments
36. (1) The power vested in the Minister under any relevant enactment to bring and prosecute summary proceedings for an offence under that enactment is transferred to the Commission.
(2) References in any enactment or instrument under an enactment to the Minister in so far as they relate to a power transferred by this section shall be construed as references to the Commission.".

This is not desirable in circumstances where the inspection service is brought within the remit of the workplace relations commission by the Bill and could result in confusion and duplication of resources.

Richard Bruton (Dublin North Central, Fine Gael)
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We are looking at that and plan to bring in an amendment, I hope in the Seanad. There is an issue there but obviously one cannot get double compensation for the same case.

Dara Calleary (Mayo, Fianna Fail)
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Will the Minister expand on the thinking behind having a separate early resolution service and a mediation service as separate tiers? Would they not work better together?

Richard Bruton (Dublin North Central, Fine Gael)
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A later amendment will do exactly that, namely, bring them under the same rubric. They are slightly different in the way they work but they will be under the same provision.

Seán Kyne (Galway West, Fine Gael)
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Is there a new section 39 in regard to early resolution?

Richard Bruton (Dublin North Central, Fine Gael)
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Section 37 is no longer required as the amendment to section 36 removes the director general's power to appoint a separate cohort of case resolution officers. Sections 36 to 39, inclusive, of the Bill, as published, provided separately for the appointment of case resolution officers and mediation officers by the director general to ensure that parties to complaints referred to the director general had access to a range of early intervention options. The proposed amendments provide for the appointment of a single class of mediation officer who will deliver the full range of early intervention options. This is a more streamlined and efficient arrangement from an internal operations perspective. No reduction in the scope of claimants' and respondents' access to early intervention will result.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 20:

In page 33, between lines 7 and 8, to insert the following:
"Case resolution without reference to adjudication officer
39. (1) (a) Subject to paragraph (b), the Director General may, where he or she is of the opinion that the complaint or dispute is capable of being resolved without being referred to an adjudication officer under section 41, refer the complaint for resolution to a mediation officer.(b) The Director General shall not refer a complaint or dispute for resolution to a mediation officer if either of the parties to the complaint or dispute objects to its being so referred.(2) Where a complaint or dispute is referred for resolution under this section the mediation officer concerned may—(a) convene a meeting (in this section referred to as a "mediation conference") in accordance with subsection (3) for the purpose of resolving the complaint or dispute, or
(b) employ such other means as he or she considers appropriate for the purpose of resolving the dispute.(3) A mediation conference shall—(a) take place at a time and place determined by the mediation officer,
(b) be attended by the mediation officer and the parties to the complaint concerned, and
(c) be conducted otherwise than in public.(4) Where a complaint or dispute referred to a mediation officer under this section is resolved, whether by mediation or otherwise—(a) the mediation officer concerned shall record in writing the terms of the resolution,
(b) each of the parties to the complaint or dispute concerned shall, if satisfied that it accurately represents the terms of the resolution, sign the
record thereof, and
(c) the mediation officer concerned shall send the record as so signed to the Director General and give a copy thereof to each of the parties to the complaint or dispute, as the case may be.(5) (a) Where a mediation officer has attempted (whether by convening a mediation conference or other means) to resolve a complaint or dispute referred to him or her under this section and such conference or the employment of those other means has not resulted in a resolution of the complaint or dispute, the mediation officer shall notify the parties to the complaint or dispute and the Director General in writing of that fact.(b) The Director General shall, upon receiving a notification under paragraph (a), refer the complaint or dispute concerned for adjudication by an adjudication officer under section 41.(6) The terms of a resolution of a complaint or dispute recorded in writing and signed by the parties to the complaint or dispute in accordance with subsection (5) shall be binding on the parties and if either party contravenes any such term, the contravention shall be actionable in any court of competent jurisdiction.
(7) The terms of a resolution referred to in subsection (5) shall not be disclosed by a mediation officer or by either party to the complaint or dispute concerned in any proceedings before a court (other than proceedings in respect of the contravention of the terms of the resolution), or otherwise.
(8) All communications (including communications during a mediation conference) by a mediation officer with the parties to a complaint or dispute referred for resolution under this section to him or her and all records and notes, including records and notes relating to a mediation conference held for the purposes of resolving any matter to which the complaint or dispute concerned relates, shall be confidential and shall not be disclosed in any proceedings before a court (other than proceedings in respect of a contravention of the terms of a resolution referred to in subsection (5)), or otherwise.
(9) In this section—
"complaint" means a complaint presented to the Director General under section 41;
and
"dispute" means a dispute referred to the Director General under section 41.".

Richard Bruton (Dublin North Central, Fine Gael)
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We will examine that in the intervening period.

Richard Bruton (Dublin North Central, Fine Gael)
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We did not submit it but section 40 is to be deleted for the same reason. It duplicates the new section 39.

John Lyons (Dublin North West, Labour)
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The Minister will have to bear with me. My notes-----

Richard Bruton (Dublin North Central, Fine Gael)
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It was an omission on our part but the text is identical to the new one and refers to case resolution without reference to an adjudication officer.

John Lyons (Dublin North West, Labour)
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The clerk has advised me that I must deal with the amendments tabled before we can propose to delete the section.

Richard Bruton (Dublin North Central, Fine Gael)
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I am sorry.

John Lyons (Dublin North West, Labour)
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We will go into private session for a moment.

Richard Bruton (Dublin North Central, Fine Gael)
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I thank the Deputy for his amendment. We are recruiting the new panel for the adjudication service through the Public Appointments Service. It will be a balanced panel with equal numbers of people appointed from legal, human resources and industrial relations streams. The PAS is undertaking a selection process with the external panel of adjudicators. The competition for inclusion on the external adjudicator panel was advertised on 26 September and the closing date was 16 October. There were approximately 300 applications. The National College of Ireland has developed a 20-day training programme for WRC adjudicators. It has been accredited by Quality and Qualifications Ireland, QQI. It is intended to run the training programme as soon as the external panel of adjudicators has been appointed which will be on or very soon after the establishment day of the WRC. Those selected for appointment will then have to complete the training programme and pass the associated examination which will cover the full range of requirements. The training will cover all types of cases.

Richard Bruton (Dublin North Central, Fine Gael)
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That is why we are recruiting additional people. There was a large backlog, part of it because the procedure was not as streamlined as it ought to be but we are aiming to get the waiting times back on track. Already there has been a great improvement in the scheduling of cases. For rights commissioners that happens on demand. There are backlogs in certain areas, which the Deputy knows about. We are determined to eliminate them over time.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 22:

In page 35, between lines 19 and 20, to insert the following:“(9) A reference in any enactment to a rights commissioner shall be construed as including a reference to an adjudication officer.”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 23:

In page 36, to delete lines 5 and 6.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 24 and 25 have been ruled out of order.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 26, 27 and 88 are related and may be discussed together.

Dara Calleary (Mayo, Fianna Fail)
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There are very distinct differences between equality cases and employment law cases and that needs to be recognised in the legislation.

Richard Bruton (Dublin North Central, Fine Gael)
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Section 41 does not apply directly to employment equality and equal status cases. Instead, sections 80 to 82, inclusive, amend the Employment Equality Act 1998 and the Equal Status Act 2000 and make them consistent with the provisions of section 41. There is no merit in requiring a separate hearing of equality cases from other employment matters which may be in dispute between an employer and an employee. We are trying to ensure that these cases can be heard in a streamlined way. The amendment would provide for double hearings in the case of the same set of circumstances. We will not consider that.

Richard Bruton (Dublin North Central, Fine Gael)
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The Equal Status Act 2000 will remain in place but will be subject to certain amendments through this Bill. We are not doing away with the Equal Status Act 2000 in any shape or form but we are having single hearings.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 28, 30, 32 and 35, inclusive, are cognate and may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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The standard period in most of the existing employment enactments within which a complaint can be referred to one of the workforce relations bodies is six months, which can be extended to 12 months where either reasonable cause or exceptional circumstances are demonstrated, depending on the individual enactment. The Workplace Relations Bill seeks to standardise these time periods across the broad spectrum of employment legislation, that is, six months for referral of a complaint which can be extended to 12 months where exceptional circumstances are demonstrated. I consider that a period of two years within which to refer a complaint to the WRC would be unnecessarily long and unreasonable. Such a proposal would also be inconsistent with employment legislation in other EU member states. Therefore I am not going to accept these amendments.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 29:

In page 36, line 31, to delete “Adoptive Leave Act 1995” and substitute “Act of 1995”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 31:

In page 37, line 4, to delete “Maternity Protection Act 1994” and substitute “Act of 1994”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 36:

In page 38, to delete lines 5 and 6 and substitute the following:“(10) The Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision (other than information that would identify the parties in relation to whom the decision was made) of an adjudication officer under this section.”.

Dara Calleary (Mayo, Fianna Fail)
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What happens in the circumstance that it might be in people’s interest to have a claim heard in public?

It might be in the greater public interest.

Richard Bruton (Dublin North Central, Fine Gael)
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We are providing that all hearings on appeal will be in public, but the initial hearing will be in private.

John Lyons (Dublin North West, Labour)
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Amendments No. 37 and 38 are related and will be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 37:

In page 38, to delete lines 7 to 11 and substitute the following:“(11) A complainant may, in proceedings before an adjudication officer or the Labour Court in respect of a complaint presented, or dispute referred, by the complainant under this Part, be accompanied and represented by—

(a) a trade union official within the meaning of section 11 of the Act of 1990,
(b) an official of a body in respect of which the adjudication officer or Labour Court, as the case may be, is satisfied represents the interests of employers,
(c) a practising barrister or practising solicitor,
(d) in the case of a complainant who is less than 18 years of age, the complainant’s parent or guardian in addition to a person specified in paragraph (a), (b) or (c),
and
(e) any other person with the permission of the adjudication officer or Labour Court, as may be appropriate.”.

Dara Calleary (Mayo, Fianna Fail)
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There was a lot of ambiguity around that, and the amendment clarifies the situation.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 39:

In page 39, between lines 15 and 16, to insert the following:“(2) Upon the hearing of an application under this section in relation to a decision of an adjudication officer requiring an employer to reinstate or re-engage an employee, the District Court may, instead of making an order directing the employer to carry out the decision in accordance with its terms, make an order directing the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”.

Richard Bruton (Dublin North Central, Fine Gael)
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Is that on the basis that the compensation level is not strong enough?

Richard Bruton (Dublin North Central, Fine Gael)
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I am considering further amendments to sections 43 to 45, inclusive, to provide that non-compliance with an order of the Workplace Relations Commission or the Labour Court regarding the enforcement of awards in employment rights cases would be an offence prosecutable summarily in the District Court. I am currently in discussions with the OPC on this matter and will revert to the committee on Committee Stage in the Seanad in this context.

Richard Bruton (Dublin North Central, Fine Gael)
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It is consolidating a range of enactments and bringing in common procedures that will apply. Like any other restructuring process, it is a difficult Bill. Amendments come which provide greater clarity. It is the nature of this sort of Bill. We are also working to move this rapidly to deliver the consolidation within a timeline. We are trying to balance getting a strong agency up and running and in place, while also ensuring that the legal underpinning is robust. As we moved along amendments arose and we were willing to accept them.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 40:

In page 39, lines 38 and 39, to delete “affirming, varying or setting aside that decision”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 41:

In page 40, to delete lines 5 and 6 and substitute the following:“(3) Subject to subsection (4)*, a notice under subsection (2) shall be given to the Labour Court not later than 42 days from the date of the decision concerned.
(4) The Labour Court may direct that a notice under subsection (2) may be given to it after the expiration of the period specified in subsection (3) if it is satisfied that the notice was not so given before such expiration due to the existence of exceptional circumstances.”.

Richard Bruton (Dublin North Central, Fine Gael)
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There are currently three bodies carrying out the adjudicative function at first incident level, which will comprise the WRC adjudication service, namely, the EAT, the Rights Commissioner Service and the Equality Tribunal. Under existing procedures, neither the EAT nor the rights commissioners have the power to refer a point of law to the High Court, whereas the director of the Equality Tribunal has the power to refer to the High Court a point of law arising in the course of an investigation. This power of the Equality Tribunal was created in August 2011 and has not been used to date. Given that every case can be appealed to the Labour Court, and from there to the High Court on a point of law, there does not seem to be a compelling reason for short-circuiting this process. Therefore, I will not accept the amendment.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 43:

In page 40, between lines 27 and 28, to insert the following:"(10) Proceedings under this section before the Labour Court shall be conducted in public.".

John Lyons (Dublin North West, Labour)
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Amendments Nos. 44, 53 and 66 are cognate; amendment No. 52 is consequential on amendment No. 63; and amendments Nos. 64 and 65 are consequential on amendment No. 66. Amendments Nos. 44, 52, 53 and 64 to 66, inclusive, may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 44:

In page 41, between lines 34 and 35, to insert the following:
“Appeal to High Court on point of law
47. A party to proceedings before the Labour Court under this Part may, not later than 42 days from the service on that party of notice of the decision of the Labour Court in those proceedings, appeal that decision to the High Court on a point of law, and the decision of the High Court in relation thereto shall be final and conclusive.".

John Lyons (Dublin North West, Labour)
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We are discussing amendments Nos. 44, 52, 53 and 64 to 66, inclusive.

Richard Bruton (Dublin North Central, Fine Gael)
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Amendment No. 53 provides that any party to the decision of the Labour Court under the Redundancy Payments Act 1967, as amended, would be able to appeal that decision on a point of law only to the High Court, with the decision of the High Court to be final and conclusive. This amendment also provides for the standardisation of the relevant time limit applicable to refer an appeal to the High Court on a point of law in line with the corresponding provisions of amendment No. 44.

Amendment No. 52 is a drafting amendment consequential as a result of amendment No. 53. Amendment No. 66 provides for the insertion of a specific provision in the Unfair Dismissals Act to allow either party to a decision of the Labour Court on appeal under the 1977 Act to appeal the Labour Court's decision on a point of law to the High Court. Currently, there is no statutory provision for such an appeal under the Unfair Dismissals Act. This amendment also provides for the standardisation of the relevant time limit applicable to refer an appeal to the High Court on a point of law in line with the corresponding provisions of amendments Nos. 43 and 44.

The reason we are not encouraging appeals on points of law at an early stage is that it gives the stronger party an opportunity to go to appeal on a point of law early in a procedure. That would be contrary to what we are trying to achieve in terms of adjudication being a less legalistic arena and where people would have a better chance of getting a quick resolution of concerns.

John Lyons (Dublin North West, Labour)
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No.

Richard Bruton (Dublin North Central, Fine Gael)
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Amendments Nos. 64 and 65 are just drafting amendments.

Richard Bruton (Dublin North Central, Fine Gael)
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The power to deal with cases by way of written submissions only is already provided for in equality legislation. Section 70(2)(a) of the Employment Equality Acts of 1998 to 2011 empowers the director of the Equality Tribunal to propose to the parties concerned that suitable cases be dealt with on the basis of written submissions only and without the need for a hearing to the director of the WRC. The parties in such a case are currently afforded the opportunity to make written representations in response to any such proposal by the director. If either party objects to the matter being dealt with on the basis of written submissions only, the director is prohibited from investigating the case in that manner and a hearing would be scheduled. The right of parties to object in such circumstances will also be replicated in the Workplace Relations Bill. Based on the experience of the Equality Tribunal, it is envisaged that this power would only be used very sparingly by the director general. Therefore I will not accept the amendment.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 46:

In page 42, between lines 36 and 37, to insert the following:
“Provisions relating to winding up and bankruptcy
50. (1) (a) There shall be included among the debts that, under a relevant provision are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable under this Part by the company to an employee, and the relevant provision shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where provision is otherwise made in relation thereto under the Act of 1963 or any enactment that repeals that Act.(b) In this subsection—
“Act of 1963” means the Companies Act 1963;
“relevant provision” means—

(i) section 285 of the Act of 1963, or
(ii) any provision—

(I) of an enactment that repeals that Act, and
(II) that makes provision in relation to the payment of debts in priority to other debts in the distribution of the assets of a company that is being wound up.

(2) There shall be included among the debts that, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable under this Part by the bankrupt or arranging debtor, as the case may be, to an employee, and that section shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where provision is otherwise made in relation thereto under that Act.".

John Lyons (Dublin North West, Labour)
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Amendments Nos. 47 and 101 are related and will be discussed together. I remind members that acceptance of this amendment involves the deletion of section 51.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 47:

In page 43, between lines 11 and 12, to insert the following:
“Amendment of enactments
51. (1) The enactments specified in column (3) of Schedule 6are amended to the extent specified in column (4) of that Schedule.
(2) The amendments to the enactments specified in column (3) of Schedule 6shall not apply in relation to complaints or disputes made, presented or referred to a rights commissioner under any such enactment before the commencement of this Part.".

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 48:

In page 43, between lines 11 and 12, to insert the following:"Certain decisions and recommendations of rights commissioners appealable to Labour Court under section 44
52.(1) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2)of section 7applies was made by a rights commissioner before the commencement of Part 4and no appeal was brought from the decision or recommendation before such commencement, the decision or recommendation shall be appealable to the Labour Court under section 44as if the decision or recommendation were a decision of an adjudication officer under section 41.
(2) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2)of section 7 applies was not made before the commencement of Part 4, any decision or recommendation made by a rights commissioner in relation to the complaint or dispute after such commencement shall be appealable to the Labour Court under section 44as if the decision were a decision of an adjudication officer under section 41.".

Dara Calleary (Mayo, Fianna Fail)
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We should acknowledge the work done by the Labour Relations Commission. It transformed industrial relations in this country and has been used as a model throughout the world. I pay tribute to all who served on it, as it is being kicked out of action.

John Lyons (Dublin North West, Labour)
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Point noted.

John Lyons (Dublin North West, Labour)
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Acceptance of amendment No. 49 involves the deletion of section 69.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 49:

In page 48, between lines 30 and 31, to insert the following:"Fees
69.The Minister may, in respect of—

(a) such services provided by the Commission as may be prescribed, and
(b) such services provided by the Labour Court as may be prescribed,

charge the recipient of any such service a fee for the purpose of defraying the cost of the provision of that service by the Commission or the Labour Court, as the case may be.".

Richard Bruton (Dublin North Central, Fine Gael)
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Any such action by the Minister would have to go before the Oireachtas, so it is not that the Minister can do it on his or her own. It must be presented to the Oireachtas. This is the basis on which it is proposed. Some people wanted fees and others did not want fees under any circumstances. I made the decision to provide for fees only in the case of an unreasonable failure to appear at the first instance. It is reasonable to allow experience inform a Minister in future. There is no ulterior motive in this. It is just to allow flexibility without primary legislation. It would require regulations and the Oireachtas has scrutiny of these.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 50 and 51 are related and may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 50:

In page 50, to delete lines 15 to 20 and substitute the following:" "(3A) The person who immediately before the commencement of section 73of the Workplace Relations Act 2014stood appointed as chairman shall, from such commencement, continue to be chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.".

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 51:

In page 51, to delete lines 1 to 11 and substitute the following:"(d) the insertion of the following subsections:

"(4A) (a) A person who, immediately before the commencement of section 73of the Workplace Relations Act 2014, stood appointed as a workers’ member of the Court shall, from such commencement, continue to be a workers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(b) A person who, immediately before the commencement of section 73of the Workplace Relations Act 2014, stood appointed as an employers’ member of the Court shall, from such commencement, continue to be an employers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(4B) (a) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as a workers’ member of the Court expires by the efflux of time to be a workers’ member of the Court.

(b) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as an employers’ member of the Court expires by the efflux of time to be an employers’ member of the Court.

(4C) Where a person—

(a) appointed under subsection (4) to be a member of the Court,
(b) who continues to be a member of the Court by virtue of subsection (4A), or
(c) reappointed in accordance with subsection (4B) to be a member of the Court,

is, for whatever reason, unable to perform his functions as such member and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy in the membership of the Court shall be deemed to exist and the Minister may, after consultation with the designated body that nominated the person under that subsection, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.".".

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 52:

In page 52, line 35, to delete "modifications."." and substitute "modifications.", and".

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 53:

In page 52, between lines 35 and 36, to insert the following:"(e) the substitution of the following section for section 40 (inserted by section 9 of the Act of 1967):

"Appeal to High Court on point of law
40.A party to proceedings before the Labour Court under this Part may, not later than 42 days from the service on that party of notice of the decision of the Labour Court in those proceedings, appeal that decision to the High Court on a point of law, and the decision of the High Court in relation thereto shall be final and conclusive.".".

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 54:

In page 52, to delete lines 38 and 39 and substitute the following:"(a) an appeal to the Employment Appeals Tribunal under subsection (15) of section 39 of that Act brought before the commencement of this section, or".

John Lyons (Dublin North West, Labour)
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Amendments Nos. 55 to 59, inclusive, are related and will be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 55:

In page 53, to delete lines 26 to 31 and substitute the following:" "(1A) A person who immediately before the commencement of section 77 of the Workplace Relations Act 2014 stood appointed as deputy chairman shall, from such commencement, continue to be deputy chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.".

This is necessary to ensure that in such circumstances, those functions which, under statute, are currently reserved to the chairman alone can be performed when the position is vacant and in circumstances in which the incumbent chairman is unavailable for the time being due to absence. I am considering some further amendments to section 77 and will revert to these on Committee Stage in the Seanad.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 56:

In page 53, to delete lines 36 to 39, and in page 54, to delete lines 1 to 3 and substitute the following:“(c) the substitution of the following subsection for subsection (2):

“(2) (a) The Minister may designate a deputy chairman to perform the functions of the chairman in the absence of the chairman or where the office of chairman is vacant, and a deputy chairman so designated shall in such absence or upon such position becoming vacant perform those functions.
(b) References in any enactment shall, for the purposes of the performance of the functions of chairman by a deputy chairman designated under paragraph (a), include references to that deputy chairman.
(c) A person who, immediately before the commencement of section 77 of the Workplace Relations Act 2014, stood appointed under subsection (1) shall be deemed to have been designated under paragraph (a).”,

(d) the deletion of subsections (3) and (4), and”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 57:

In page 54, to delete lines 4 to 7.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 58:

In page 54, line 10, to delete “Court.”,” and substitute “Court.”.”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 59:

In page 54, to delete lines 11 to 20.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 61, 62, 63 and 67 are drafting amendments related to amendment No. 60. These amendments will be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 60:

In page 54, lines 34 and 35, to delete “and paragraph (b) of subsection (3)”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 61:

In page 54, line 36, to delete “subsections (5), (9) and (10)” and substitute “subsections (3), (5), (9) and (10)”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 62:

In page 55, to delete lines 6 and 7 and substitute the following:“(iii) by the substitution of “decision of an adjudication officer” for “recommendation of a rights commissioner” in paragraph (a) of subsection (1A),”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 63:

In page 56, line 31, to delete “to that” and substitute “in relation to that”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 64:

In page 57, to delete line 21.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 65:

In page 57, line 22, to delete “section 9.” and substitute “section 9, and”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 66:

In page 57, between lines 22 and 23, to insert the following:“(f) the insertion of the following section:

“Appeal to High Court on point of law
10A. A party to proceedings before the Labour Court under this Act may, not later than 42 days from the service on that party of notice of the decision of the Labour Court in those proceedings, appeal that decision to the High Court on a point of law, and the decision of the High Court in relation thereto shall be final and conclusive.”.”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 67:

In page 57, to delete lines 23 to 25 and substitute the following:“(2) The amendments to the Act of 1977 effected by this section shall not apply in relation to a claim for redress under that Act brought before the commencement of this section.”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 68:

In page 57, between lines 25 and 26, to insert the following:“Amendment of Protection of Employees (Employers’ Insolvency) Act 1984
79. (1) Section 1 of the Act of 1984 is amended, in subsection (1), by the insertion of the following definition:

“ ‘Act of 2014’ means the Workplace Relations Act 2014;”.

(2) Section 6 of the Act of 1984 is amended —

(a) in subparagraph (xxx) of paragraph (a) of subsection (2), by the deletion of “and” after “that Schedule,”,
(b) in subparagraph (xxxi) of that paragraph, by the substitution of “that Schedule, and” for “that Schedule.”,
(c) by the insertion of the following subparagraph after subparagraph (xxxi) (inserted by paragraph 6 of Schedule 2 of the Protected Disclosures Act 2014) in paragraph (a):

“(xxxii) any amount that an employer within the meaning of the Act of 2014 is required to pay by virtue of a decision of an adjudication officer or the Labour Court under Part 4 of that Act.”,

(d) in paragraph (b) of subsection (2), by the substitution of “, (xxxi) or (xxxii)” for “or (xxxi)”,
(e) in paragraph (c) of subsection (2), by the substitution of “, (xxxi) or (xxxii)” for “or (xxxi)”, and
(f) in the definition of “relevant date” in subsection (9), by the substitution of “, (xxxi) or (xxxii)” for “or (xxxi)”.

(3) Section 9 of the Act of 1984 is amended by —

(a) the substitution of the following subsection for subsection (1):

“(1) A person who has applied for a payment —

(a) under section 6 of a debt described in subparagraph (i), (ii) or (iv) of subsection (2)(a) of that section, or
(b) to be made under section 7 of this Act into the resources of a pension scheme,
may present a complaint to the Director General that —
(i) the Minister has failed to make such payment, or
(ii) any such payment made by the Minister is less than the amount that the Minister is required to pay under section 6 or 7, as may be appropriate.”,

(b) the insertion of the following subsections:

“(1A) The Director General shall refer a complaint presented to him or her under subsection (1) for adjudication by an adjudication officer.
(1B) An adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the decision by the Minister in relation to the application to which the complaint relates.
(1C) An adjudication officer may entertain a complaint or dispute to which this section applies presented to the Director General after the expiration of the period referred to in subsection (3) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.”,

(c) the substitution of the following subsection for subsection (3):

“(3) Where a claim for payment is made under section 6 or 7 and it appears to the Minister that a doubt exists as to whether or not such claim is allowable (in whole or in part), he may refer any matter arising in connection with the claim to the Director General, and the Director General shall refer the matter for adjudication by an adjudication officer.”,

(d) the substitution, in subsection (4), of “adjudication officer” for “Tribunal” and “he” for “it”,
(e) the insertion of the following subsection:

“(6) In this section —

‘adjudication officer’ has the same meaning as it has in the Act of 2014; and
‘Director General’ means the Director General of the Workplace Relations Commission.”,

and
(f) the deletion of subsections (2) and (5).

(4) The following section is inserted in the Act of 1984:

“Appeal to Labour Court from declaration of adjudication officer under section 9

9A. Section 44 of the Act of 2014 shall apply to a decision of an adjudication officer given in relation to a complaint under section 9 as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to the following modifications:

(a) the reference in subsection (1) of the said section 44 to —

(i) proceedings under section 41 shall be construed as a reference to a complaint under section 9 of this Act,
(ii) those proceedings shall be construed as a reference in relation to that complaint;
and

(b) any other necessary modifications.”.

(5) In this section “Act of 1984” means the Protection of Employees (Employers’ Insolvency) Act 1984.”.

John Lyons (Dublin North West, Labour)
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Amendment No. 69, in the name of Deputy Tóibín, has been ruled out of order.

John Lyons (Dublin North West, Labour)
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Amendment No. 69 proposes that provision be made to ensure that all citizens have the right to form and be represented by trade unions and that recognition of trade unions be mandatory. In the current Bill, trade unions are provided for in that they are entitled to represent employees under the adjudication process being established. However, the effect of the proposed amendment would be to ensure that trade union members could engage in collective bargaining and industrial action, which is beyond the scope of the current Bill. This amendment is not relevant to the provisions of the Bill as read a Second Time and, therefore, must be ruled out of order in accordance with Standing Order No. 131(1).

Richard Bruton (Dublin North Central, Fine Gael)
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I would point out that legislation on collective bargaining is being drafted as part of the programme for Government and the Minister of State, Deputy Nash, is steering that along. That legislation will be before the House shortly.

Richard Bruton (Dublin North Central, Fine Gael)
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That legislation will be debated when presented. We will not debate it here.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 70 to 79, inclusive, are related and will be discussed together. Amendments Nos. 77 and 78 are consequential on amendment No. 79.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 70:

In page 58, line 11, to delete “subsection (4)” and substitute “subsection (4B)”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 71:

In page 58, line 12, to delete “section 75” and substitute “section 78”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 72:

In page 58, line 13, to delete “75. Section” and substitute the following:

“78. Section”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 73:

In page 58, line 14, to delete “under this Act” and substitute “under section 77 of this Act”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 74:

In page 58, lines 16 and 17, to delete “that Act” and substitute “the Act of 2014”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 75:

In page 58, to delete line 38, and in page 59, to delete lines 1 to 3 and substitute the following:“ “91. (1)Section 43 of the Act of 2014 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to —”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 76:

In page 59, to delete lines 17 to 24 and substitute the following:

“(iii) references to decision of an adjudication officer shall be construed as references to decision of the Director General of the Workplace Relations Commission under section 79 of this Act;
(iv) the reference to decision of an adjudication officer under that section shall be construed as a reference to decision of the Director General of the Workplace Relations Commission under section 79 of this Act; and
(v) references to employee shall be construed as references to complainant within the meaning of Part VII of the Act of 1998 and references to employer shall be construed as references to respondent within such meaning.

(2) Section 45 of the Act of 2014 shall apply to a decision of the Labour Court under section 44 of that Act upon an appeal from a decision of the Director General of the Workplace Relations Commission under section 79 subject to the modification that the following paragraph is substituted for paragraph (b) of subsection (1):

‘(b) on application to it in that behalf, with the consent of the complainant, by the Equality Authority,’.”,”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 77:

In page 59, line 28, to delete “and”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 78:

In page 59, line 30, to delete “ “Minister”.” and substitute “ “Minister”, and”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 79:

In page 59, between lines 30 and 31, to insert the following:

“(m) in section 103, by —

(i) the substitution, in subsection (1), of “under this Part or section 44 of the Act of 2014 in accordance with section 83” for “under this Part”,
(ii) the substitution, in subsection (1), of “under this Part or under section 44 of the Act of 2014 in accordance with section 83” for “under this Part”,
(iii) the deletion of paragraphs (a) and (d) of subsection (3), and
(iv) the substitution of the following paragraph for paragraph (c):

“(c) a decision under section 44 of the Act of 2014 to which section 83 applies.”.”.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 80 to 82, inclusive, are related and will be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 80:

In page 60, between lines 22 and 23, to insert the following:

“(g) in section 31, by the substitution of “District Court” for “Circuit Court” in each place that it occurs,
(h) in subsection (1) of section 32, by the substitution of “District Court” for “Circuit Court”,”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 81:

In page 60, to delete lines 24 to 27 and substitute the following:“ “31. Section 43 of the Act of 2014 shall apply to a decision under section 25 in relation to a case referred to the Director General of the Workplace Relations Commission under section 21 as it applies to a decision of an adjudication officer under the said section 41, subject to —”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 82:

In page 60, line 30, to delete “(a) on” and substitute “(b) on”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 83:

In page 65, to delete lines 3 to 46, and in page 66, to delete lines 1 to 34 and substitute the following:

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 84:

“

”.

John Lyons (Dublin North West, Labour)
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Amendments Nos. 85 to 87, inclusive, and 89 to 100, inclusive, are related and may be discussed together.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 85:

In page 71, between lines 5 and 6, to insert the following:“1. Section 4(2) or 5 of the Minimum Notice and Terms of Employment Act 1973”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 86:

In page 71, line 9, to delete “, 14, 15, 16”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 87:

In page 71, to delete lines 11 and 12 and substitute the following:“5. Section 17 of the Transnational Information and Consultation of Employees Act 1996
6. A relevant provision within the meaning of section 27 of the Organisation of Working
Time Act 1997”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 89:

In page 71, line 15, to delete “, 10, 12, 13, 14”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 90:

In page 71, to delete line 18.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 91:

In page 71, between lines 19 and 20, to insert the following:“12. Section 8 of the Industrial Relations (Miscellaneous Provisions) Act 2004”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 92:

In page 71, between lines 21 and 22, to insert the following:“14. Section 26(3) of the Employment Permits Act 2006
15. Section 13 of the Employees (Provision of Information and Consultation) Act 2006”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 93:

In page 71, between lines 23 and 24, to insert the following:“16. Section 62(1) of the Charities Act 2009”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 94:

In page 71, line 30, to delete “Section 35” and substitute “Section 35(1)”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 95:

In page 71, after line 30, to insert the following:“22. Section 41(1) of the Central Bank (Supervision and Enforcement) Act 2013
23. Section 12(1) of the Protected Disclosures Act 2014”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 96:

In page 72, to delete line 7 and 8.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 97:

In page 72, between lines 14 and 15, to insert the following:“7. European Communities (Occurrence Reporting in Civil Aviation) Regulation 2007”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 98:

In page 72, between lines 20 and 21, to insert the following:“9. An employment regulation order under section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012) of the Industrial Relations Act 1946.”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 99:

In page 72, between lines 22 and 23, to insert the following:“1. Section 4(2) or 5 of the Minimum Notice and Terms of Employment Act 1973”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 100:

In page 72, after line 28, to insert the following:“6. Protection of Employees (Fixed-Term Work) Act 2003”.

Richard Bruton (Dublin North Central, Fine Gael)
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I move amendment No. 101:

The text of amendment No. 101 can be viewed in the Word document at the top of the page.