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Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I respect what the Minister is saying but I am anxious, as is everyone in the House and the Minister, to have this legislation commenced as quickly as possible. It may not take six months, it could take a month or two days for the President to sign it. If it was the case that we decided not to support that amendment, would it be the case that the President could sign it and then it would be...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I am assuming this may be passed this evening but I want to consider this in more detail and I may consider tabling an amendment on Report Stage.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I will not support the amendment either for the reasons outlined by Senator Higgins. This issue has been kicked around for several years. It is central to the Bill and to the effectiveness of any legislation we might bring in. The sanction is important and has been scrutinised to within an inch of its life over the past three or four years. I am comfortable with it and anybody who has any...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I acknowledge what Senator Ardagh and others are saying but I side with the Minister on this. We would only get a big blank page on how the section was operating because it will take a little while for the legislation to bed down and for everybody to understand what their responsibilities and obligations are. The appropriate latitude should be given to the relevant Oireachtas committee to...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I respect where Senator Ardagh is coming from on this point but the WRC will generally reflect on this type of thing in its annual reports. The WRC will manage the legislation and hear any complaints, if and when they arise. I have every faith in the WRC being able to collate the information and give us its professional expert view on the operation of this section of the Act.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: If it is appropriate and timely, I support what Senator Byrne and others have said regarding the protection of those who work in the English language schools sector. The sector is very exposed and has had its problems in recent years. Much of what is reflected in this legislation will actually protect some of those who are working in that sector. There are, however, other ways in which...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: It is all related with regard to employment conditions, the way in which companies are managed and the way in which company law interacts with employment law. We have seen this in the context of Clery's, in the context of a recent failure of a company in Dundalk that left almost 200 people out on the road without any rights or entitlements. While they have rights and entitlements they are...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: In this case, it is not a matter of resourcing the ODCE. There are at least two key provisions of company law that have been in place for some time in different iterations and have been used and tested. For example, a company's assets can be pursued to reclaim moneys owed to the State through statutory redundancy and so on, but that has not happened. The law is there but it needs to be...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I know what Senator Ruane is trying to achieve and I support that in principle. I remember reading the advice of the WRC around the time the discussion was taking place on Committee Stage in the Dáil and I was quite taken aback by the strength of that. In my experience in these Houses I do not think I have ever seen the WRC provide that kind of advice in advance of an amendment being...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Gerald Nash: I just received notice earlier today from the Cathaoirleach's office that the amendment is out of order. It relates to if-and-when contracts and a difference of opinion between myself and the Minister on that whole issue. It was ruled out of order on the basis that it could impose a potential charge on the Exchequer. I do not believe that it would. It is bizarre, but this practice is...

Seanad: Finance Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: Unfortunately, Senator Higgins is absent but she has asked me to speak on her behalf. She has permission from the-----

Seanad: Finance Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: I understand that. While Senator Higgins acknowledges that at this point, she wishes to make it clear that she will resubmit those amendments on Report Stage and perhaps have another attempt in this regard.

Seanad: Finance Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: Senator Higgins wishes to resubmit her recommendations on Report Stage.

Seanad: Finance Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: Senator Higgins wishes it to be clear that she wants to resubmit the amendments on Report Stage.

Seanad: Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: I will be brief because I am anxious that these amendments are voted on this evening. This is an urgent matter, as I hope the Minister of State will agree. This is not a new experience, and every speaker has referenced this. What has happened in Grafton College is illustrative of a wider problem regarding the gaps in employment rights' coverage in this State. I have sought to address...

Seanad: Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: On a point of order, I thank the Minister of State for her contribution. I wrote the Industrial Relations (Amendment) Act 2015. With respect, I propose that we extend time for ten minutes. We only have two minutes.

Seanad: Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018: Committee Stage (5 Dec 2018)

Gerald Nash: I authored the Industrial Relations (Amendment) Act 2015. Registered employment agreements are enterprise-level agreements, not sectoral agreements. The Minister of State has no function in calling the parties together and requesting that they engage in a sectoral employment order process. I understand the motivation of the Minister of State and that she may want to assist in this process...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Second Stage (6 Dec 2018)

Gerald Nash: I will not use eight minutes but I will place on record my gratitude to the people and women of Ireland for ultimately making the right decision last May. That day last summer was a momentous and historic day. It marked a milestone on the road to the Republic becoming a much more pluralistic, tolerant and open society. As my colleague, Senator Bacik, stated earlier, we must reflect on the...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Second Stage (6 Dec 2018)

Gerald Nash: -----and the actual rights of women, whether it be gender pay, women's rights in the workplace and society, and reproductive health. We rarely, if ever, hear any mention from those who stood up here today and in the Dáil over the past few days about those real, everyday issues that are evident all around us. Time and again, those people are quick to judge women in crisis and tell women...

Seanad: Health (Regulation of Termination of Pregnancy) Bill 2018: Second Stage (6 Dec 2018)

Gerald Nash: It is a momentous milestone in our maturity as a republic and pluralist society. I am pleased, honoured and privileged to have a role in legislating to give effect to the decision of the Irish people last summer.

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