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Written Answers — Department of Employment Affairs and Social Protection: Disability Allowance Appeals (18 Sep 2018)

Willie O'Dea: 741. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on a disability allowance review in the case of a person (details supplied); and if she will make a statement on the matter. [37346/18]

Written Answers — Department of Employment Affairs and Social Protection: Disability Allowance Applications (18 Sep 2018)

Willie O'Dea: 773. To ask the Minister for Employment Affairs and Social Protection when payment will issue to a person (details supplied) in relation to a disability allowance application; and if she will make a statement on the matter. [37850/18]

Written Answers — Department of Housing, Planning, and Local Government: Housing Adaptation Grant Funding (7 Sep 2018)

Willie O'Dea: 1407. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to a shortfall in the funding allocated to Limerick City and County Council for the purpose of making adjustments to council owned houses for disabled persons; if an extra allocation will be allowed in 2018 to help reduce the backlog that has built up; and if he will make a statement on the...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: It is my first contribution.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: I said a few words at the beginning. I am the proposer of the amendment and I am looking for a bit of indulgence. I received an email from a person who is indirectly employed by the State. He says that he is in bogus self-employment and that he has no rights or protections. As far as he knows, companies do this to avoid paying tax, insurance and holiday pay. He looked for help but the...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: I thank everybody who contributed to this amendment. I listened carefully to what has been said. I put forward the amendment because there is a cancer called bogus self-employment. It was originally confined to one or two sectors of the economy, namely, construction etc. It has spread, however, and is spreading. If, as the Minister indicated, the Government is doing this, that and the...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: Which I have not read.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: I just said I did not read the Bill.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: It is a complete farce.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) and Final Stage (12 Jul 2018)

Willie O'Dea: Less than ten minutes.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: I move amendment No. 15:In page 17, after line 35, to insert the following: “PART 7 MISCELLANEOUSDesignation 20. (1) It shall be an offence for an employer to incorrectly designate an employee as self-employed.(2) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both. (3)...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: Nobody influences me.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: IBEC may have contacted me but I will not be told what to do by IBEC, Deputy Murphy or anybody else. I make up my own mind.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: I have a difficulty with the section as drafted. We are all familiar with the situation of an employer who employs only one type of employee but there are many businesses that employ different categories of employee. Deputy Clare Daly gave a number of examples. We are all aware of the extreme cases, such as employers of part-time baggage handlers and part-time pilots. If would be...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: The Deputy has anticipated the point I was going to make. Given the delay in bringing in this legislation, we are only on Report Stage on the second last day before the summer recess. Whether we like it or not - personally, I do not like it because I have been advocating for this legislation for a long time - this legislation will not come into operation until the autumn because it has to...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: This amendment was passed on Committee Stage. Since then there has undoubtedly been lobbying. I have been approached by both sides too. I have been approached by unions, people representing IBEC and a number of employers, mainly small employers, in my constituency, who have serious reservations about this. I will not be told what to do by anybody - I make up my own mind - but I listen to...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: It is not my intention to slow down the Bill. We have passed an amendment in my name, which provides that the Bill is to come into operation within six months. I am the one who is trying to speed up the Bill. The Minister did not answer the main question on how long it will take to draw up the regulations. I could draw them up myself in a day. There is no reason whatsoever not to have...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: I move amendment No. 6:In page 11, to delete lines 30 to 34 and substitute the following:“week. The Minister shall before the coming into operation of this Act, draft regulations which will comprehensively outline the circumstances where work will be deemed casual for the purposes of this Act.”. The reason I put down this amendment, as discussed to some extent on Committee...

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: I have a quick point of information. I want to achieve what I set out to achieve with this amendment. I have been advised legally that this might cause problems and there is a better way to achieve the same result. I will get our spokesperson to put that forward in the Seanad.

Employment (Miscellaneous Provisions) Bill 2017: Report Stage (Resumed) (11 Jul 2018)

Willie O'Dea: On the last day we discussed this amendment, which had been moved by myself and a number of other Members on Committee Stage, our intention was to ensure the burden of proof was shifted firmly to the employer. The Minister said she had received advice from the Labour Court and the WRC to the effect that what we were proposing could cause problems, meaning somebody with a perfectly...

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