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Seanad: An tOrd Gnó - Order of Business (15 Oct 2019)

Gerald Nash: Did the Senator not sort this out before the budget with Deputy Michael McGrath and her Fianna Fáil colleagues?

Seanad: An tOrd Gnó - Order of Business (15 Oct 2019)

Gerald Nash: I propose an amendment to the Order of Business to take No. 13, the Industrial Relations (Joint Labour Committees) Bill 2019, before No. 1. I wish to reflect on the points so articulately and eloquently put by Senator Marshall. We should never forget what the conflict inflicted on far too many people on this island, on our neighbouring island and elsewhere.I absolutely agree that "Lost...

Seanad: Industrial Relations (Joint Labour Committees) Bill 2019: First Stage (15 Oct 2019)

Gerald Nash: I move:That leave be granted to introduce a Bill entitled an Act to amend the provisions relating to the constitution of joint labour committees, so as to provide for cases where organisations of employers or of workers fail or refuse to engage in consultation with the Labour Court prior to the appointment of representative (employers) members or representative (workers) members, as the case...

Seanad: Industrial Relations (Joint Labour Committees) Bill 2019: First Stage (15 Oct 2019)

Gerald Nash: Next Tuesday.

Seanad: Nithe i dtosach suíonna - Commencement Matters: National Minimum Wage (16 Oct 2019)

Gerald Nash: Last week we learned through the media that the Government planned to defer the planned 30 cent an hour increase to the minimum wage. The Government has not just postponed the planned increase to the national minimum wage, it has, in fact, cancelled it for at least another year. Under the National Minimum Wage (Low Pay Commission) Act 2015, the Government can either accept the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: National Minimum Wage (16 Oct 2019)

Gerald Nash: The National Minimum Wage (Low Pay Commission) Act 2015 makes it clear that there is essentially one annual opportunity to do this. The reason that we set up the commission in the first place was to take the politics out of setting of the national minimum wage and to make sure that work always pays. The reality is - and 150,000 of the lowest paid workers in Ireland know this from the harsh...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: This is an extraordinary state of affairs. Like Deputy Joan Collins, I was anxious to extend an invitation to Mr. McMahon, given his unrivalled and exceptional experience of dealing with such issues on the ground. Far too often, we do not hear from people such as him who have direct experience. The committee, not least in its work in recent years, has shown a willingness and interest in...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: It is an important point. I am glad he made reference to the John Grace Fried Chicken Limited case. Committee members will be aware that the case led to the destruction of the then joint labour committee and employment regulation order system, and that the architecture has since been reformed. A clear point that emerged from the case informed the new legislation that governs the joint...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: Not the Social Welfare Appeals Office.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: Not the Labour Court, not the Workplace Relations Commission, not the Revenue Commissioners, but the Oireachtas, the Parliament.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: What Mr. McMahon has outlined is dangerous.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: An arm of the State has decided not just to identify a precedential case to inform its decisions but to be selective in doing so.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: The next step I am interested in taking is to hear from the chief appeals officer. I believe we have not done so in the context of our investigations of the practice of bogus self-employment. The chief appeals officer in the Department should be afforded the right, in the interests of natural justice, to respond to what Mr. McMahon stated. The State is currently dealing with an important...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: Yes, but there are more people involved in the case before us.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: It is wholesale misclassification of the employment status of workers. It affects not just the rights and entitlements of workers but, as Mr. McMahon noted, also compliant businesses that go about their business properly. It queers the pitch for decent employers, facilitates bad operators and goes against the interests of the decent economic model we all support. The one aspect about which...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: We need clear definitions in primary law in order that employers cannot simply opt out of the legislative framework and decide, with the facilitation of an arm of the State, to misclassify the status of their workers. It should be a matter of law, plain and simple. It should be the case that someone either is an employee or is self-employed, as a matter of primary law. If that was the...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: Yes, of course.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: It was quite a number of years ago.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: Every Oireachtas Member and citizen needs to be aware there is one law-making body in the Republic under the Constitution.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (24 Oct 2019)

Gerald Nash: Oireachtas Éireann.

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