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Written Answers — Department of Enterprise, Trade and Employment: Employment Rights (23 May 2024)

Emer Higgins: There is presently no general statutory entitlement in Ireland for workers for bereavement leave. An employee's entitlement to take time off in such circumstances depends on whether any such provisions exist in the employee’s contract of employment. For the majority of workers, conditions of employment, including bereavement leave provisions, are matters for negotiation between...

Written Answers — Department of Enterprise, Trade and Employment: EU Directives (23 May 2024)

Emer Higgins: The Government fully supports the right of any worker to join and be active in their trade union. Employees have the right under the Constitution to form associations and trade unions. Under Irish legislation, an employee cannot be discriminated against or dismissed because they are a member of a trade union. The Unfair Dismissal Acts provide for a number of grounds under which a...

Written Answers — Department of Enterprise, Trade and Employment: Job Creation (23 May 2024)

Emer Higgins: Regional enterprise development and sustainable local job creation is a policy priority for me and this Government. The Government’s efforts to create sustainable enterprise in the regions is working, as can be seen by the latest Enterprise Ireland, IDA Ireland and Local Enterprise Office figures. Enterprise Ireland’s strategy fully aligns with Government's ambition to...

Written Answers — Department of Enterprise, Trade and Employment: Business Supports (23 May 2024)

Emer Higgins: In Ireland, the support for small and medium-sized enterprises (SMEs) has been robust and multifaceted, reflecting the government's recognition of their critical role in the economy. Recently, the Government agreed on a range of measures aimed at reducing costs for SMEs, including reopening the Increased Cost of Business (ICOB) Scheme, introducing a second payment for businesses in the retail...

Written Answers — Department of Enterprise, Trade and Employment: Flexible Work Practices (23 May 2024)

Emer Higgins: The concept of working from home or via digital hubs has progressed across a number of fronts. The right to request remote working is now available to all employees under the Work Life Balance and Miscellaneous Provisions Act 2023. These provisions were commenced on the 6th of March 2024 and this right is now in operation. The Act includes obligations for the employee and the...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Acting Chairperson. I would like to welcome Deputy Michael Ring and his guests, Seán and Martina. I am delighted to have the opportunity to present the Employment Permits Bill for consideration by the Seanad today. I thank my predecessors, the Minister of State, Deputy Neale Richmond, and Deputy Damien English, for their work on this important legislation. The purpose...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: These are technical amendments dealing with minor typographical corrections. I hope we can agree that without debate.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Civil Engagement Group for all of its work on this. I am aware of the Senator's passion for social justice and the rights of all workers, and I appreciate and value that. The amendment calls for a report to be laid before the Houses of the Oireachtas reviewing the conditions and wages of workers holding a seasonal employment permit. The Senator is correct; for such workers it...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The amendment calls for a report to be laid before both Houses of the Oireachtas outlining the labour market access available to spouses of employment permit holders. It looks in particular to the gender impact, which I appreciate is the lens the Civil Engagement Group is focusing on. I thank the Senator for the intervention. She has made an important point. Unfortunately, I cannot...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Senator very much. "No" is the answer to her question. We do not believe we are doing so. There is a lot of oversight baked into this system. I appreciate the Senator's intention, but I am not in a position to accept the amendment. The amendment seeks a report to review the terms, conditions and remuneration afforded to workers holding regular permits and seasonal permits,...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The point Senator Black makes is a very interesting one. She is right in what she has said. It may be feasible to include a reference to the right to join a union in the employment rights information that is already being provided to permit holders. I will instruct my officials to work with Senator Black on that.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: This amendment adjusts section 8 regarding the non-application of section 7 to certain foreign nationals. Its purpose is to ensure that applicants or those who have been granted status within the meaning of the European Communities (Reception Conditions) Regulations 2018 can directly access the labour market without a requirement to hold an employment permit in the State. In effect, this...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: Amendment No. 9 also adjusts section 8. It is again on the non-application of section 7 to certain foreign nationals by amending subsection (1)(f) to ensure that family members of officials of international organisations, assigned to work in the State under the Diplomatic Relations and Immunities Act are exempt from the requirements of the employment permits legislation. This amendment...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: This is a technical amendment to adjust the meaning of section 8 (2).

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Senator. I understand that this issue was raised on Report Stage in the Dáil. Officials have noted that the intention of the amendment, which is to insert the contact details of both ICTU and the WRC on the permit, is already provided for in the regulation-making powers of the Bill and, therefore, the amendment would duplicate the role of regulation-making powers available...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I appreciate where the Senator is coming from but our legal advice is that this is not a matter for primary legislation. I am happy to engage with him, outside of the legislative process, to see how we can make this happen at a practical level. This is not a matter for legislation so I will not accept the amendment.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: If the Senator sends me details of that particular case, I will look into it for him. On the issue raised by Senator Dooley, as he said, this can be dealt with by regulation. It is something that we can examine for him. We want to make sure we have an efficient and fair system but, ultimately, this always comes down to the guardrails, and the guardrails are that 50:50 rule, which is that...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The Senator is correct that many companies, including those in his constituency, are struggling to find employees at the moment. That is why it is so important that we make sure we have a system that is fair, quick and easily accessible to both employers and people seeking work. Thankfully, we have a very good situation in Ireland where, at the moment, we have almost full employment. The...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: It absolutely can be done through regulation, although we have not decided whether it will be. I am happy to take further correspondence on that.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I will open by giving my absolute assurance that we are genuine about wanting to protect vulnerable workers. The amendment the Senator tabled would add a new provision to the Bill that would effectively blacklist employers convicted of a wide range of employment rights breaches. This would represent a major change to the labour market enforcement system as it applies to the third country...

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