Results 241-260 of 1,279 for speaker:Michael Ahern

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: In our consideration of the amendment yesterday, I gave a commitment to the Senator to review my position on his proposal. This will necessitate discussions with the relevant accountancy bodies. Until these are completed, I am reluctant to make a final decision on the Senator's proposal.

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: To deal with Senator Quinn's concerns, I make it quite clear that section 40(11) applies to companies coming under the mandatory regime. In order to ensure that is clear we will look at the wording of this subsection.

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: The independence of the audit committee is the fundamental principle we are trying to achieve through this provision. However, I have asked my officials to reconsider the exclusion term of five years. Perhaps it is a bit excessive. The new section 205B, inserted into the 1990 Act by section 40 of the Bill, states that: The requirement that all members of the audit committee qualify under...

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: I will attribute the results to the Senator.

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: Amendment No. 11 would effectively remove paragraph (c) of the definition "relevant obligations" in the new section 205E(1), which is being inserted into the principal Act by section 43 of the Bill. We had a long debate on the merits of this proposal on Committee Stage. I explained that this decision implements the recommendation 14.1 of the report of the review group on auditing and it...

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: As I explained to Senator Coghlan yesterday, the drafting of the provision in question was based on legal advice and done in such a way as to avoid such issues as self-incrimination or as otherwise contravening the requirements of the European Convention on Human Rights. The effect of the amendment would be to require directors to report to the regulatory authorities, a more onerous...

Seanad: Companies (Auditing and Accountancy) Bill 2003: Report and Final Stages. (29 May 2003)

Michael Ahern: I thank Senators for their contributions on all Stages. The debates on 16 April, yesterday and today have been useful. I was struck by the number of Senators who had contributed and the quality of the interventions and views as well as their grasp of this technical and complicated legislation. I appreciate the input Senators have made thus far. I have listened attentively to their...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: Amendment No. 1 tabled by Senators McDowell, Ryan, O'Meara, Tuffy and McCarthy, if adopted, would have the effect of applying entitlements under the Bill from 10 July 2001, the date on which the directive was due to have been implemented by Ireland.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: I propose to discuss amendments Nos. 2 to 4, inclusive, together. I thank the Senators who tabled them.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: I did not hear him.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: I thank Senator O'Toole for bringing this amendment to my attention. It will bring the definition of "remuneration" in the Bill into line with that contained in the Protection of Employees (Part-Time Work) Act 2001. This definition is acceptable as it brings consistency between them. I accept the amendment. Amendment agreed to.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: I will look at the definition and return to the matter on Report Stage. Question put and agreed to. Section 3 agreed to. SECTION 4. Question proposed: "That section 4 be deleted."

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: It is proposed to delete section 4 and, by means of amendment No. 14, re-insert it as the new section 20.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: The Office of the Chief Parliamentary Counsel has advised that section 4, which deals with miscellaneous amendments to the Employment Agency Act 1971 and the Organisation of Working Time Act 1997, should not be in Part 1 –"Preliminary and General"– of the Bill, but should rather be located under Part 4 –"Exclusions and other Measures". Accordingly, section 4 will be deleted and will...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: It is a technical change. The Office of the Chief Parliamentary Counsel has also added a new subparagraph (c) to this section, as a consequence of having earlier referred, in section 20(2)(b), to ministerial regulations made in 2000 and 2003 relating to transfers of undertakings. This amendment to the section was necessary for technical reasons. Question put and agreed to. Section 5 agreed...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: Section 6 provides that an employee is a "comparable permanent employee in relation to a fixed-term employee" if the permanent employee and the fixed-term employee are employed by the same or associated employer and if one of three conditions is met. If the previous circumstance does not apply, including in a case where the fixed-term employee is the sole employee of the employer, the...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: I thank Senator O'Toole for bringing to my attention this amendment, which seeks to avoid doubt. It is in line with section 9(5) of the Protection of Employees (Part-Time Work) Act 2001. This amendment is acceptable as it is considered appropriate that a comparator for a fixed-term employee should be of the same or opposite sex to such an employee. It also provides for consistency between...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: I thank Senator McDowell for bringing this amendment to my attention. Its purpose is to provide that the Labour Court will, on appeal from a rights commissioner's decision, have similar powers, where an employer fails to provide a written statement or where such a statement is evasive or equivocal, to draw any inference it considers just and equitable in the circumstances and to determine...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: The wording of sections 8 and 9 is from a framework agreement at EU level. In section 9 there is a reference to: the objective conditions determining the contract whether it is– (a) arriving at a specific date, (b) completing a specific task, or (c) the occurrence of a specific event.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Michael Ahern: If there is disagreement between the employer and the employee then the rights commissioner will have to make a call on what constitutes the objective conditions.