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Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (Resumed) (23 Apr 2008)

Billy Kelleher: ——to bring a different flavour to that on which the European project was founded.

Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (Resumed) (23 Apr 2008)

Billy Kelleher: The Deputy knows well that one can get nothing for nothing.

Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (Resumed) (23 Apr 2008)

Billy Kelleher: On employment rights, previous speakers made negative references concerning people coming to Ireland to be exploited. I accept that there are challenges in the context of social partnership, such as the need to ensure the proper protection of workers arriving in Ireland. However, those workers would not be arriving on our shores were it not for Ireland's success at the heart of Europe. When...

Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (Resumed) (23 Apr 2008)

Billy Kelleher: I understand the political implications of a myth that has been propagated and that people want to stand on a platform and say "no" for the sake of it, but listening to them for a long time in respect of other issues did not achieve much. We must tackle environmental issues globally, including carbon emissions, climate change and the targets set for each country by the Kyoto Protocol. Were...

Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (Resumed) (23 Apr 2008)

Billy Kelleher: There is not one scintilla of change proposed in the Lisbon treaty in this respect as overseas missions must be UN-mandated and approved by the Dáil and the Government. While I respect any individual's right to speak freely in the Chamber, it is important that he or she respects the fact that the majority of Deputies elected in the last general election supports the treaty and the 28th...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (29 Apr 2008)

Billy Kelleher: The safety or otherwise of CFLs in a retail setting are matters of environmental and public health and as such are more appropriate to my colleague, the Minister for Environment, Heritage and Local Government. I have considered the Deputy's question from the viewpoint of occupational safety and health and the Safety, Health and Welfare at Work Act 2005. That Act requires that employers and...

Written Answers — Company Closures: Company Closures (29 Apr 2008)

Billy Kelleher: Following the voluntary liquidation of P.S.K. Construction Ltd (PSK), and the receipt of claims on behalf of the employees under the Insolvency Payments Scheme, the question arose as to whether a transfer of undertakings under the European Communities (Protection of Employees on Transfer of Undertakings) might have taken place between P.S.K. Construction Ltd (PSK) and P.L.K. Plant &...

Written Answers — Job Losses: Job Losses (29 Apr 2008)

Billy Kelleher: There is no information currently available to me in relation to the closure of the hotel mentioned. If the hotel has closed, with the loss of all jobs a redundancy situation may exist and the employees may be entitled to statutory redundancy payments. Statutory Redundancy is an employment right, and is available to any employee over the age of 16 who is a class A contributor in insurable...

Written Answers — Employment Rights: Employment Rights (30 Apr 2008)

Billy Kelleher: Ireland's comprehensive body of employment rights legislation, which protects employees against arbitrary behaviour by employers, applies to all workers employed on an employer-employee basis in Ireland. The Protection of Employee's (Part-Time) Work Act, 2001 provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence,...

Written Answers — Job Losses: Job Losses (30 Apr 2008)

Billy Kelleher: The numbers of actual redundancies notified to my Department for 1 January — 31 March 2008 broken down by sector and gender are as follows: Department of Enterprise, Trade and Employment Actual Redundancies received under the Redundancy Scheme during the period, 1st January to 31st March 2008 Industrial Group Number of Employees Male Female Total Agriculture/Forestry and Fisheries...

Written Answers — Employment Rights: Employment Rights (30 Apr 2008)

Billy Kelleher: I propose to take Questions Nos. 22 and 68 together. The National Employment Rights Authority, or NERA, has been established on an interim basis since February 2007. The Authority will be established on a statutory basis on the enactment of new Employment Law Compliance Bill which was published on 18th March this year and will be enacted in the coming months. Department of Finance sanction...

Written Answers — Job Losses: Job Losses (30 Apr 2008)

Billy Kelleher: The numbers of actual redundancies notified to my Department for the years 2002-2008 are as follows: Actual Redundancies 2002-2008 Year 2002 2003 2004 2005 2006 2007 2008 Actual 24,432 25,769 25,041 23,156 23,684 25,459 7,968 % Increase/Decrease on previous year 51.9% 5.5% -2.8% -7.5% 2.3% 7.5% These figures show the number of employees on whose behalf claims were submitted for...

Written Answers — Joint Labour Committees: Joint Labour Committees (30 Apr 2008)

Billy Kelleher: I propose to take Questions Nos. 34 and 59 together. I have noted the decision reached in the High Court on 7 February to quash the Employment Regulation Order, relating to minimum remuneration of workers, made by the Labour Court on foot of proposals from the Hotel Joint Labour Committee on 5 November 2007, and to remit the matter back to the Joint Labour Committee. The implications of the...

Written Answers — National Minimum Wage: National Minimum Wage (30 Apr 2008)

Billy Kelleher: I propose to take Questions Nos. 38, 39 and 60 together. In accordance with commitments given under Towards 2016, the Social Partnership Agreement, the number of Inspectors was scheduled to increase from 31 to 90 inspectors by the end of 2007. Competitions were held in 2007 for the recruitment of the additional fifty-nine Inspectors provided for under the Social Partnership Agreement Towards...

Written Answers — EU Directives: EU Directives (30 Apr 2008)

Billy Kelleher: On 3 April 2008, the European Court of Justice issued a judgement in a case between Mr Dirk Rüffert, a company liquidator, and Land Niedersachsen, a public authority in Germany. The background to this case is that a public construction contract was awarded to a German company, of which Mr Dirk Rüffert is the liquidator, by the public authority. The German company undertook to abide by...

Written Answers — EU Directives: EU Directives (30 Apr 2008)

Billy Kelleher: On 3 April 2008, the European Court of Justice issued a judgement in a case between Mr Dirk Rüffert, a company liquidator, and Land Niedersachsen, a public authority in Germany. The background to this case is that a public construction contract was awarded by the public authority to a German company called Objekt und Bauregie, of which Mr Dirk Rüffert is the liquidator. The German company...

Written Answers — Employment Rights: Employment Rights (30 Apr 2008)

Billy Kelleher: The Employment Appeals Tribunal is an independent body under the aegis of the Department. As an independent body, I have no role in relation to the day-to-day operation of the Tribunal. I understand that the Tribunal continues to target areas of the country where the waiting time is longest. Progress has been made in reducing the waiting period. Currently the average waiting period for areas...

Written Answers — Workplace Accidents: Workplace Accidents (30 Apr 2008)

Billy Kelleher: I propose to take Questions Nos. 48 and 65 together. The number of deaths recorded in workplace accidents during 2007 was 67 compared to 51 fatalities in 2006. Of these, 18 occurred in the construction sector in 2007, an increase of 5 on the 2006 figures. In terms of injuries, there were over 7,000 non-fatal work injuries overall reported to the Health and Safety Authority in 2007. The most...

Written Answers — EU Directives: EU Directives (30 Apr 2008)

Billy Kelleher: As the Deputy will recall, the Portuguese Presidency tabled for consideration, at the ESPHCA Council, on 5th. December 2007, proposed Directives on Temporary Agency Work and the Organisation of Working Time in its efforts to fashion an overall compromise solution by way of an integrated approach to discussions of two sensitive dossiers. Having identified the remaining issues of concern to...

Written Answers — Industrial Disputes: Industrial Disputes (30 Apr 2008)

Billy Kelleher: I propose to take Questions Nos. 61 and 67 together. Responsibility for the resolution of industrial disputes is a matter for the parties involved. The State provides the industrial relations dispute settlement machinery free of charge to assist this process, which, in line with the general principles of industrial relations in Ireland, is voluntary in nature. The system of industrial...

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