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Other Questions: Construction Contracts (15 Jul 2015)

Gerald Nash: I believe so.

Other Questions: Construction Contracts (15 Jul 2015)

Gerald Nash: I thank the Deputy for tabling the question. The Government is committed to the earliest possible implementation of the Construction Contracts Act 2013 and, as a consequence, last November approved the delegation of responsibility for its implementation to me as Minister of State with responsibility for business and employment. Significant work has taken place since then. I have recently...

Ceisteanna - Questions - Priority Questions: Employment Rights (15 Jul 2015)

Gerald Nash: The overarching point here is really about making work pay, ensuring people can access working hours that work for them and helping people to be financially independent. It is about much more than getting a weekly or monthly pay cheque; it is about the dignity of work and dignity at work and it is about making a contribution to society. The overarching principle informing the reforms that...

Ceisteanna - Questions - Priority Questions: Employment Rights (15 Jul 2015)

Gerald Nash: Despite the protestations of some people, we fully transposed the part-time workers directive a number of years ago in consultation with the social partners, including the trade unions, which were satisfied to sign off on it. Deputy Daly is studiously avoiding the fact that the economy has been transformed over the last couple of years. We need to be conscious that we have seen a decrease...

Ceisteanna - Questions - Priority Questions: Employment Rights (15 Jul 2015)

Gerald Nash: I discuss these matters with the Tánaiste all the time. Irish employment rights legislation contains strong safeguards for part-time workers. The Protection of Employees (Part-Time Work) Act 2001, which is the main legislation governing the employment rights of part-time workers, implemented EU Council Directive 97/81/EC into Irish law. The purpose of the directive was to implement...

Ceisteanna - Questions - Priority Questions: Company Closures (15 Jul 2015)

Gerald Nash: We all agree that what has happened in Clerys is very shocking and quite appalling. Those who were directly employed by Clerys and the concession holders and their staff have been treated appallingly. The House will be aware that last week I submitted a report to the Taoiseach and the Tánaiste to further inform the Government on the issues surrounding the sale and liquidation of...

Ceisteanna - Questions - Priority Questions: Company Closures (15 Jul 2015)

Gerald Nash: Directors have responsibilities to their employees and it is questionable in this case whether these duties have been fulfilled, but that is not something we can settle here. There are very clear provisions in company law. I refer directly to sections 599 and 600. These provisions, taken together, refer to situations where a related company may be required, for example, to contribute to...

Ceisteanna - Questions - Priority Questions: Company Closures (15 Jul 2015)

Gerald Nash: I referred to that matter in referring to the committee of inspection. This should happen. It is rare for the Department of Social Protection to be represented on such a committee, but in this case, given that, essentially, the Minister for Social Protection will become a preferred creditor when payments are made to staff who have been left high and dry because of this transaction, it is the...

Written Answers — Department of Jobs, Enterprise and Innovation: Advisory Group on Small Business Recommendations (15 Jul 2015)

Gerald Nash: As the Deputy is aware the purpose of the Advisory Group on Small Business (AGSB) is to give a greater voice in the development of policy to SMEs and to advise me as Minister on issues of relevance to SMEs. In addition to this, the Group provides on-going assistance and advice to relevant Government Departments and Agencies on any issues affecting SMEs by identifying those issues that impact...

Written Answers — Department of Jobs, Enterprise and Innovation: Unfair Dismissals (15 Jul 2015)

Gerald Nash: The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation. The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial...

Written Answers — Department of Jobs, Enterprise and Innovation: National Carers Strategy Implementation (15 Jul 2015)

Gerald Nash: The National Carers' Strategy published in 2012 by the Department of Health, sets out the strategic direction for policies, services and supports provided for carers. This strategy, prepared in consultation with carers, established the key priorities to support carers given scarce resources and a Carers' Forum is held annually to continue to give carers a voice at policy level. The Family...

Written Answers — Department of Jobs, Enterprise and Innovation: Departmental Reports (15 Jul 2015)

Gerald Nash: In preparing the Request for Tender for the Zero Hours and Low Hours Study, it emerged that there is no commonly used definition of low hours work, or indeed a common understanding of what constitutes a Zero Hours Contract. This is evidenced by the difficulties which have been encountered in the UK in compiling official data on the prevalence of Zero Hours Contracts. The 8 hour contracts...

Written Answers — Department of Jobs, Enterprise and Innovation: National Carers Strategy Implementation (15 Jul 2015)

Gerald Nash: The National Carer's Strategy published in 2012 by the Department of Health, sets out the strategic direction for policies, services and supports provided for carers. This strategy, prepared in consultation with carers, established the key priorities to support carers given scarce resources and a Carers' Forum is held annually to continue to give carers a voice at policy level. The Family...

Written Answers — Department of Jobs, Enterprise and Innovation: Living Wage (15 Jul 2015)

Gerald Nash: I note that, in its latest report, the Living Wage Technical Group has calculated the Living Wage in Ireland for a single-adult household to be €11.50 per hour. The new figure represents an increase of 5 cent per hour over the 2014 rate. The Living Wage concept is grounded in the idea that a person's wage should be sufficient to maintain a safe, decent standard of living. Of...

Written Answers — Department of Jobs, Enterprise and Innovation: Employment Rights (15 Jul 2015)

Gerald Nash: In accordance with the Statement of Government priorities and following a competitive tendering process I have commissioned University of Limerick to undertake a study on the prevalence of zero hour and low hour contracts and the impact of such contracts on employees. The study has a broad scope, covering both the public and private sectors, with a particular focus on the retail,...

Written Answers — Department of Jobs, Enterprise and Innovation: Aviation Industry Regulations (15 Jul 2015)

Gerald Nash: I am aware of a study of atypical employment in the European aviation sector which was commissioned by the European Social partners in the aviation sector and which was published earlier this year. I understand from my colleague the Minister for Transport, Tourism and Sport, who has responsibility for the aviation sector, that the European Aviation Safety Agency (EASA) has competence for...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Jul 2015)

Gerald Nash: If I may I will provide some context to this Bill. As some Senators will be aware, a number of technical amendments were required to be made after the passage of the Workplace Relations Act. It was complex legislation and some issues came to our attention that required to be dealt with. It is proposed that they be accommodated in this Bill. As colleagues will know, the Minister for Jobs,...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Jul 2015)

Gerald Nash: Amendment No. 1 was required to amend the Long Title of the Bill to reflect the amendments to the Workplace Relations Act and certain other enactments. Amendment No. 7 is of a technical and drafting nature.For the purposes of the proposed new Part 3 of the National Minimum Wage (Low Pay Commission) Bill 2015, "Act of 2015" shall mean the Workplace Relations Act 2015 and "Minister" shall mean...

Seanad: National Minimum Wage (Low Pay Commission) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Jul 2015)

Gerald Nash: I thank colleagues in the House for their co-operation and for a lively debate since we introduced the Bill into this House. While we have had some differences on the emphasis placed on different provisions of the Bill, I thank colleagues for supporting the general principle that is enshrined in the Low Pay Commission Bill, which provides for a new institutional framework to tackle the...

Seanad: Industrial Relations (Amendment) Bill 2015: Report Stage (14 Jul 2015)

Gerald Nash: The purpose of this amendment is to allow an employer to sign up to an existing registered employment agreement, REA, as a new party to the agreement. However, section 8 of the Bill already provides for a mechanism by which an REA can be varied in its application to any worker or workers to whom it applies. In this regard, the variation provisions under section 8 would allow for an...

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