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Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: I am considering introducing an amendment on Report Stage to cater for the consequences of a merger on real or immovable property. It may be possible to improve the language of these provisions to increase certainty with respect to the property transactions and thus reduce the paperwork and costs to business associated with a merger.

Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: The purpose of the amendment is to correct a subsection reference.

Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: The amendment merely purports to insert a female pronoun into this section.

Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: I am not in a position to adopt these amendments. The Bill is concerned with company law only. In general terms, company law concerns itself with the fiduciary duties that a director owes to the company alone while recognising that a director ought to "have regard to the interests" of his or her employees. It would be wholly inappropriate to include the proposed provisions in the Bill....

Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: The purpose of this amendment is to clarify the court's discretionary powers in circumstances where a company fails to comply with a requirement to deliver within 14 days after the commencement of the members' voluntary winding up a copy of the declaration to the registrar.

Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: The purpose of this amendment is to ensure that the Minister may prescribe the most cost-effective manner in which the courts service can maintain unclaimed dividends and balances.

Seanad: Companies Bill 2012: Committee Stage (17 Jun 2014)

Seán Sherlock: The amendment is typographical in nature and does not have a substantial impact on the Bill.

Written Answers — Department of Jobs, Enterprise and Innovation: Patent Legislation (24 Jun 2014)

Seán Sherlock: The international Agreement on a Unified Patent Court (UPC), signed in February 2013, entails the establishment of an international court that will, when operational, have exclusive competence for actions for infringement and validity in respect of the new European unitary patent. My Department chairs an inter-Departmental Committee with relevant Departments of State to inform the policy...

Written Answers — Department of Jobs, Enterprise and Innovation: Tax Code (24 Jun 2014)

Seán Sherlock: The UK Patents Box scheme, which came into force in April 2013, is a fiscal tool that allows companies to apply a lower rate of corporation tax to profits earned after that date from their patented inventions and certain other innovations. While responsibility for Ireland’s tax regime rests with the Minister for Finance, my Department is very conscious of the need to maintain a...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 1: In page 5, lines 20 and 21, to delete "Minister for Jobs, Enterprise and Innovation" and substitute "Minister".This a technical amendment, as the full title of the Minister is to be included in the definitions in section 2 and addressed in amendment No. 3. Amendment No. 2 is a consequential amendment to amendment No. 3 which inserts a definition for the word "Minister".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 2: In page 5, line 27, to delete "2006." and substitute "2006;".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 3: In page 5, after line 27, to insert the following:" "Minister" means the Minister for Jobs, Enterprise and Innovation.".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 4: In page 6, between lines 2 and 3, to insert the following:“Amendment of section 2 of Act of 2003 3.Section 2 of the Act of 2003 is amended—(a) in subsection (1A), by inserting the following paragraph after paragraph (a):“(aa) the foreign national being employed outside the State by a foreign employer and being required by the foreign employer to...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: In essence, in language which is legislative with regard to speaking on the record, the nub of the issue is that multinational companies have welcomed the clarity we will provide on issuing permits. Notwithstanding the language used, it provides greater clarity for workers.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: We have engaged with stakeholders on it and through this engagement it is necessary to use legislative language, but I assure the Deputy it does provide clarity.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 5: In page 6, line 11, to delete "following section" and substitute "following sections".Amendment No. 5 is a technical amendment and consequential to the insertion of two sections in the 2003 Act, section 2B in the published Bill and section 2C under amendment No. 14. Amendment No. 6 is a drafting amendment to the new section 2B inserted into the 2003 Act by section 4...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 6: In page 6, line 26, after "employment" where it firstly occurs to insert "or service".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I propose to deal with the amendments numerically. Deputy Tóibín’s amendment would place the onus on the foreign national of proving that exploitative work practices took place. Currently, the foreign national does not have to prove that this occurred in order to avail of the provision. Unscrupulous employers who employ illegal non-EEA nationals continue to face the...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I am sure the Deputy will accept that as the Younis case is sub judiceI am limited in terms of what I can say in that regard. In regard to the Deputy's point generally in terms of the robustness of the provisions when a complaint is made, it is the responsibility of NERA to investigate complaints and to ensure that the system stands up to scrutiny. In regard to the compensatory element of...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: The Minister can also take a case if there has been a breach of the law. This is where NERA comes into the equation. When a complaint is made, there is a robust investigation of potential exploitation with clear outcomes. On the compensation issue, the compensation provided for is the national minimum wage or other mandatory statutory rates of pay for the job. We determined this when...

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