Gerald Nash (Louth, Labour) | Oireachtas source

In regard to amendment No. 48, the Schedule to the Act already provides the Minister with the possibility of removing a member of the commission from office if the member has committed a stated misbehaviour or the removal appears to be necessary for the effective performance by the commission of its functions. I would expect that an employer member who commits an offence under the National Minimum Wage Act would fall within these categories. Moreover, a member could be found to have committed an offence under the full range of employment rights legislation, which could also make their membership of the commission untenable. Accordingly, I cannot accept this amendment.

In regard to amendment No. 50, I indicated on Committee Stage that I intended to bring forward an amendment on Report Stage relating to disqualification provisions under company law in respect of membership of the commission contained in the Schedule to the Bill. Currently, reference is made to certain provisions of the Companies Act 1990. This requires an amendment to include corresponding provisions under the recent Companies Act 2014.

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