Dáil debates

Wednesday, 12 November 2014

Workplace Relations Bill 2014: Report and Final Stages

 

11:10 am

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael) | Oireachtas source

As several amendments have been ruled out of order, I will explain why for the information of Members. Some are amendments which do not arise from Committee Stage proceedings. In order to arise from Committee Stage proceedings, an amendment must arise, for example, from actual amendments offered or as a result of undertakings given by the Minister, either to meet some points raised or to table amendments dealing with specific points. Alternatively, the amendment must arise from substantive debate on a particular subject during the course of Committee Stage proceedings. It is not sufficient for a Member merely to state that he or she intends to bring forward amendments on Report Stage.

The following amendments did not arise in Committee Stage proceedings: amendments Nos. 1 to 3, inclusive, in the names of Deputies Wallace and Tóibín, amendments Nos. 8 and 9 and 42 in the name of Deputy Wallace, and amendment No. 56 in the names of Deputies Wallace and Tóibín. Amendments Nos. 1 to 3, inclusive, make provision for requirements of respondents or employers for the purposes of the serving of documents under the Act.

Amendments Nos. 8 and 9, in the name of Deputy Wallace, propose to require that a registrar must have a minimum level of practical experience of representing employees in employment cases. These amendments also propose to amend the definitions of "practising barrister" and "practising solicitor" for the purpose of the appointment of a registrar. Amendment No. 42, in the name of Deputy Wallace, proposes to insert a new subsection in section 42 of the Bill to permit complaints under section 4 of the Data Protection Act 1988 in the case of a failure to provide documentation. Amendment No. 56, in the names of Deputies Wallace and Tóibín, proposes to insert a new section to provide that premises used for the purposes of a hearing under the Act "shall be suitable for access by persons with a disability". Amendment No. 4, in the names of Deputies Wallace and Clare Daly, and amendments Nos. 5 and 6, in the name of Deputy Calleary, propose that provisions be made within the Bill to ensure retired employees, or groups of retired employees, have access to the mechanisms for the resolution of disputes that are being restructured and established in the current Bill. The structures of the current Bill do not provide for the adjudication of retired employees' issues, as they are dealt with under separate legislation. These amendments are not relevant to the provisions of the Bill as read a Second Time. Therefore, they must be ruled out of order in accordance with Standing Order 113(1).

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