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Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I do not buy the Minister's explanation as to why this amendment cannot be accepted. I welcome the change which is a huge change from what is in existence. It is a sizeable move in the right direction. I do not buy the argument that it would add some administrative burden on the employer to issue a contract five days sooner than the Minister is proposing. Employers will not buy that...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I take on board the views expressed my colleagues. I am certainly not going to push the amendment. I will seek to amend it and bring it forward again on Report Stage. If it was something along the lines of a provision that the contract would have to be issued before or no later than the day of commencement of employment, I could accommodate it. I will bring forward an amended amendment on...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I would like to hear the explanation. If it is the need for a money message-----

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: Perhaps if we were given the explanation, I could then respond to-----

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: That is extremely disappointing because the intention of the Bill is to do away with zero hour and if and when contracts. A minimum of three hours' work per week is a reasonable expectation to have. If an employer pays someone the national minimum wage, €9.15 or whatever it is, and there was a minimum of three hours' work per week, that would be €27 a week. I do not think...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: The issue of bogus self-employment is rife. Different committees have looked at this and there have been different reports. I note that the Department and the Minister have brought forward an awareness campaign which is just paying lip-service to the issue. Bogus self-employment is rife in the construction sector and even in our State broadcaster. In fairness, Mr. Philip Boucher-Hayes has...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I move amendment No. 12: In page 9, lines 6 to 9, to delete all words from and including "any" in line 6 down to and including "employment" in line 9 and substitute "any adverse treatment of an employee by his or her employer". The amendment seeks the substitution of the words from "any act or omission" to "his or her employment" with "any adverse treatment of an employee by his or her...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I will press the amendment because the 1997 Act provides for this definition and it will strengthen the legislation. I do not agree with the Minister's comments.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: Amendment No. 14 contains the same argument as that of Deputy O'Dea's amendment and it is an important amendment. Certainly I concur with what Deputy O'Dea has said on section 9. I will push it. The two amendments are similar. Four Deputies are pushing the amendment No. 14, so perhaps Deputy O'Dea will withdraw his amendment for the one that has been tabled by four Deputies. They are...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I would imagine it is the same rationale as that given in the case of the previous amendments that have been ruled out of order and the same arguments countering that stand. The argument as to why they are ruled out of order is a dubious one. These are important amendments. Unfortunately, there are employers willing to take a hit where there is a penalty of four weeks' compensation. I...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I know. The argument would seem to be out of order.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: The argument as to why they have been ruled out of order does not stack up. I would like a written response as to why all these amendments have been ruled out of order. The Minister stated that she does not necessarily agree with or would not use the argument that has been provided by the Ceann Comhairle's office.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: It is not the Minister's argument.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I move amendment No. 29: In page 13, line 5, to delete “2 months” and substitute “4 weeks”. As opposed to the Minister's proposal of two months, this would give an employee the right to be placed on a band within four weeks. There is no reason not to put someone on the appropriate band much earlier than two months. An employer should be able to do it. All...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: The Minister's argument does not stack up. What is she proposing? She will examine the matter and do what?

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I-----

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I will be pressing the amendment.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: Our amendment seeks to decrease the reference period from 18 months to 12 months. This is in line with a number of recommendations. The University of Limerick actually recommended that the look-back should happen after six months. I note that the Minister initially spoke about 18 months and is now willing to compromise and move down to a 12 month look-back period. That has to be welcomed....

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I welcome the fact the Minister has agreed that a 12 month look-back period is appropriate. She touched on previous legislation that my colleague, Deputy Cullinane, had brought forward in which he had suggested a look-back period. We know there was a lengthy process. The Joint Committee on Jobs, Enterprise and Innovation looked at this issue extensively. It brought in expert witnesses and...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

John Brady: I fully support this key amendment. We have heard all of the evidence. We have heard the horror stories from employees, particularly in Dunnes Stores and elsewhere. We know the difficulties in accessing finance and loans. Mortgages are non-existent for many of the workers affected.

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