Richard Bruton (Dublin North Central, Fine Gael)

Seanad amendments Nos. 2 and 15 are technical amendments. It is the practice in drafting legislation that where there is a reference to another enactment on more than one occasion, the definition of the enactment is included in the interpretation section and the enactment is thereafter referred to by its shorter title. This is the effect of Seanad amendments Nos. 2 and 15.

Seanad amendment No. 3 essentially is of a technical nature to ensure the legislation aligns properly with the European Union directive. Article 3.1(f) of the directive lists overtime as a constituent element that goes to make up basic working and employment conditions. While overtime is listed in the Bill as a component element in the definition of pay, it is not included in the definition of basic work and employment conditions and to be correctly aligned with the directive, it also should be included under the definition and this is the intention of the amendment.

Seanad amendment No. 12 replaces the current text of section 13(1) to provide specifically for the prohibition contained in the directive on an employment agency charging a fee to an agency worker, following the completion of his or her assignment with a hirer, after which the agency worker is offered direct employment with the hirer. Amendment No. 13 clarifies that the new provision inserted by amendment No. 12 is in addition and not in substitution for the separate and distinct prohibition contained in section 7(2) of the Employment Agency Act 1971. The latter provides that it is unlawful for an employment agency to charge an individual a fee, commonly referred to as a placement fee, for facilitating the introduction of that individual to a third party who will hire him or her on a temporary assignment. In other words, a fee, either at commencement or end of placement, by way of recruitment charge is being outlawed.

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