Results 2,801-2,820 of 8,212 for speaker:Alice-Mary Higgins

Joint Oireachtas Committee on Climate Action: Renewable Energy - Wind, Solar and Biogas: Discussion (4 Dec 2019)

Alice-Mary Higgins: Any written information on this model would be very useful.

Joint Oireachtas Committee on Education and Skills: Universities Act 1997 (Section 54(3)) (University Authorisation) Order 2019: Motion (5 Dec 2019)

Alice-Mary Higgins: It is clear the RCSI satisfies the criteria to become a university, as set out in the legislation. It had tacit recognition as a college of the National University of Ireland, which, along with the wider public, I represent, and it was recognised abroad as a university. In welcoming the fact that we are moving forward in the implementation of the legislation, I underscore the points made by...

Joint Oireachtas Committee on Education and Skills: Universities Act 1997 (Section 54(3)) (University Authorisation) Order 2019: Motion (5 Dec 2019)

Alice-Mary Higgins: Athena SWAN, in particular.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: I would like to pick up on a few of the discussion points. I would have a small disagreement with Senator Nash. The Department has not actually been consistent because we do have that statement of 2000 from the Secretary General at the time. I am interested to hear about the change in policy that Mr. Duggan is telling us came about in 2001. The fact is that we have extensive...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: I will ask a related question and come back with a separate one.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: A last related question ties in with the legal question and the question of cases. We have had many references to case law and case precedent. In 1992, we moved from a situation where someone appealing a scope section decision would take it to the courts whereas now it is appealed to the appeals office. Does that deprive us of some good case law in this area? It was an area where we were...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: Ms Gordon mentioned that there is no legislation that says that one cannot, but there is a legal decision that says one cannot. Ms Gordon has told us that the decisions are being made based on the principles and the legal decisions that are coming down through the courts. Does this point to the appropriate place for decisions on appeals being the courts if the appeals office is not aware of...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: It seems that with such a low volume of cases moving through, it would be appropriate to getting them right in each case.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: Previously an appeal of a decision made by the scope unit would go to the High Court whereas the decision in 1992 meant that it would instead move to an appeals office located within the Department. Are we losing quality High Court decisions on that basis because instead of being played out in a transparent way in the courts, they are taking place in the appeals office?

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: I will return to the changes in 2001 and what steps might have been taken to redress the problems in the 1990s. First I turn to Mr. Duggan and refer to the principles on which decisions are being made. He mentioned the principle of mutual obligation. There is a lot of clarity around how the scope unit makes decisions and there is transparency. Mr. Duggan suggested the figures were not...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: Mr. Duggan mentioned on the guidance issue that the code may be put on a statutory basis next year. Will that statutory basis also address the corporate structures such as, for example, the aviation industry? We heard very strong testimony in the course of the hearings of this committee of the use of what were effectively false company structures to hide the fact of people being...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: As to follow-up in cases where people are found to be mis-classified - we are aware that there were inspections by Revenue in the construction and other sectors - what steps have been taken by the Department in reclaiming PRSI, either itself or in co-operation with Revenue, to ensure that we have proper compliance? Such widespread practices are a huge loss to the State. As an example of...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: Is it followed up retrospectively?

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: I will follow up on a question with Ms Gordon and then ask a wider question. On those cases that were taking place between the test cases of 1993-1994 and the decision to move to a different approach in 2001, were steps taken in cases and decisions that may have been made - it seems that decisions clearly were made judging from the account of the Secretary General of 2000 - on the basis...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: Mr. Duggan can answer if he wishes.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: If somebody has already exhausted those options within the period with the Department, can the person re-use sections 317 and 318?

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: Does Ms Gordon not think that steps might perhaps need to be taken if there was a concern in law that was held across the Department, given that it was the view of the Secretary General at the highest level between 1995 and 2001 that those who may have exhausted the decision process at the time but later, even through the work of the employment status, have been determined to be correct in...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: I am sorry but that does contradict the statement. Mr. Duggan has been consistent with the narrative previously but that is inconsistent. The Secretary General said in October 2000 that some couriers consider that they are self-employed while others regard themselves as employees. In order to resolve the matter, a number of representative test cases were selected in 1993 and 1994 for...

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: It clearly is.

Joint Oireachtas Committee on Social Protection: Bogus Self-Employment: Discussion (Resumed) (5 Dec 2019)

Alice-Mary Higgins: That is true now, but I am talking about the period between-----