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Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: It is a point of view and not a point of law.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: If it is not a point of law already-----

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: Mr. Cummins believes it is but he cannot tell me where that is stated.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: It is Mr. Cummins's point of view that it is a point of law. Will this Bill, in his view, make it a point of law that the service charge can be excluded from those that deliver the service?

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: In Mr. Cummins's view, there is a point of law around the definition of service charge. Is it also his view that the Bill the Minister is proposing would allow him to decide that service charges will not be returned to those who deliver the service?

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: I could accept that if we were dealing with competition law. We are dealing with industrial relations law, which is supposed to protect the rights of workers. There is a problem with Ms Sweetman's approach that it can be this or that, or one can make up one's own mind as to what it is. I am afraid that does not cut it when it comes to workers' rights, particularly given what they are paid...

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: I am not sure I understand what Mr. Fenn is talking about.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: Can I come in there, please?

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: There is another way of looking at this instead of putting it the way Mr. Fenn has just put it. He indicated that the legislation would preclude a business from collecting a service charge. As already suggested, where the service charge is at 12.5%, for example, in brackets after this the businesses could say "this does not go to the employee or the person who serves you".

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: I thank the witnesses for their contributions. It might be helpful to hear some details of what actually goes on in the industry from Ms McCord and Dr. Curran who have carried out the research. Some people may have read all of the details and are very familiar with them, but others may not have done so. Fleshing out the matter might be helpful.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: That was very helpful. That testimony would prove to be very helpful to the Low Pay Commission. I assume that it has not looked at it.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: Obviously, it would be a good idea for us to put the Bill on hold in order that the Low Pay Commission could review the advice it has given on the Bill. Clearly, it is not ill-advised, but there is a gap in the advice it gave. There is a huge void in the information and the robust advice it has given to the Government to support the Bill. Clearly, the Minister, as she did in the case of...

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: The point I am making is political but the Minister's attempt to usurp Senator Gavan's Bill is-----

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: I have a final question for the Low Pay Commission. The profits in the hospitality industry have increased beyond pre-economic crash levels. We all see service charges on the menu in restaurants and many of us do not leave a tip because we believe a tip is paid when we pay the charge. Does Dr. de Buitléir have an opinion on the view that service charges not being returned to workers...

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: Everyone except the employer.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Bríd Smith: The Minister claims Senator Gavan's Bill would have unintended consequences resulting in tips having to be taxed and made subject to USC. I find that contradictory and ironic, when the State has just given the special assignee relief scheme, SARP, to very wealthy and highly-paid executives to enable them to avoid tax on all their income. There are ways and means to ring-fence the money to...

Parent's Leave and Benefit Bill 2019 [Seanad]: Committee and Remaining Stages (15 Oct 2019)

Bríd Smith: It is extraordinary to hear the party that claims to represent workers advocating a change in employment contracts on foot of a lobbying letter sent around from IBEC. I do not believe that the mistake referred to was a typographical error. It is directly taken from lines written by IBEC. An advertisement on the radio currently runs to encourage workers to use a solicitor in a case of...

Health and Childcare Support (Miscellaneous Provisions) Bill 2019 [Seanad]: Second Stage (15 Oct 2019)

Bríd Smith: I support Deputy O'Reilly's important proposals. The Minister has told the House that, "Under the Good Friday Agreement, all the people of Northern Ireland are recognised as having the birthright to identify themselves and be accepted as Irish or British, or both, as they may so choose". Accordingly, the right to hold both Irish and British citizenship extends to them. Given the currency...

Living Wage: Motion [Private Members] (15 Oct 2019)

Bríd Smith: I am sharing our limited time with my two colleagues, Deputies Mick Barry and Paul Murphy. I notice Deputy Penrose was afforded some liberty so I hope the same will be afforded to us.

Living Wage: Motion [Private Members] (15 Oct 2019)

Bríd Smith: I might be difficult as well in that case. I thank Sinn Féin for moving this very useful motion. It is striking that when social welfare recipients have been told to wait because of economic uncertainties and Brexit, we are now hearing the old refrain both from Fianna Fáil and Fine Gael that labour must wait once again as well. If the provisions of the Sinn Féin motion were...

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