Oireachtas Joint and Select Committees

Wednesday, 24 November 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Sick Leave Bill 2021: Discussion (Resumed)

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I welcome members participating in today's committee meeting in line with the exceptional measures that we have to put in place due to the pandemic. Members and all in attendance are asked to exercise personal responsibility to protect themselves and others from the risk of contracting Covid-19. They are strongly advised to practise good hand hygiene and they will notice that every second seat has been removed to facilitate social distancing. I urge people not to move any chair from its current position. They should also maintain an appropriate level of social distancing during and after the meeting. Masks should be worn at all times during the meeting except when speaking. I ask for members' full co-operation in this. Any member participating remotely in the meeting can only participate from within the Leinster House complex. Apologies have been received from Deputies Paul Murphy, Louise O'Reilly and Matt Shanahan.

Today's business is to resume our discussion of the general scheme of the sick leave Bill 2021. At present, there is no statutory obligation for an employer to pay for a medically certified absence of an employee due to illness. While many employers provide such sick pay, employees who do not receive it are disadvantaged. We also know that it may encourage such employees to attend work even though they are ill. In the context of the current public health situation, this is particularly undesirable. The proposed Bill will provide for the creation of an entirely new right to sick pay, which will be legally enforceable through the Workplace Relations Commission, WRC, and the courts.

I welcome the witnesses. From IBEC, we have Ms Maeve McElwee, director of employer relations, and Ms Pauline O'Hare, senior employment law solicitor. From the Irish Congress of Trade Unions, we have Dr. Laura Bambrick, social policy officer, and Mr. Liam Berney, industrial officer.

Before we start, I will explain some limitations on parliamentary privilege and the practice of the Houses with regard to references the witnesses may make to other persons in their evidence. The evidence of witnesses who are physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Today, however, witnesses are giving evidence remotely from a place outside the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness who is physically present does. Witnesses have already been advised that they make take legal advice on this matter if they think it is appropriate.

Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such directions that are given.

The opening statements from IBEC and ICTU have been circulated to members. To commence our consideration of this matter, I invite Ms Maeve McElwee to make opening remarks on behalf of IBEC.