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Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I welcome Deputy O'Dea's statement that he recognises that multiple and narrow bands of hours place an administrative burden on businesses because that is what this is going to do. We were cognisant of all the points that were raised on Second Stage, on which we reflected and in respect of which we have moved. The band of hours provides the security for which people are looking but also the...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: We do not accept that this loophole exists and neither do the industry partners with whom we engage.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: The original document of congress, which still stands, had a banded hours agreement in which band A was the statutory minimum up to ten hours, band B was 11 to 20 hours, C was 21 to 30, D was 31 to 39 and E was 40. To put the Deputy at ease, there is no loophole.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Are we on a different section?

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: That is what I am on but what is the Deputy speaking to?

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I do not think it is the right one.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Would the Chairman like me to take them together?

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I thank the Chairman. The anti-penalisation provisions that previously existed in the Organisation of Working Time Act were drafted in 1997. The Bill uses the language from the Protection of Employees (Temporary Agency Work) Act 2012 to reinforce the provision. It is the strongest anti-penalisation provision in employment law in this jurisdiction. Taken together, amendments Nos. 44 and...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: With regard to amendments Nos. 46 and 47, the penalisation provisions in the legislation provide that where an employee makes a complaint arising from any penalty against them, it shall be presumed until the contrary is proven that the employee concerned acted and acts reasonably and in good faith when making a complaint. That is a strong protection for the employee and it is then a matter...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 49: In page 15, between lines 24 and 25, to insert the following: “PART 4 AMENDMENT OF NATIONAL MINIMUM WAGE ACT 2000 Amendment of National Minimum Wage Act 2000 17. The National Minimum Wage Act 2000 is amended— (a) by the substitution of the following section for section 14: “14. Subject to sections 15, 17, 18 and 41, an employee...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 50: In page 5, line 12, after “Organisation of Working Time Act 1997;” to insert “to amend the Unfair Dismissals Act 1977; to amend the National Minimum Wage Act 2000;”. This is a technical amendment to alter the Long Title to the Bill to include the amendments to the Unfair Dismissals Act 1977 and the National Minimum Wage Act 2000.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: It will be taken as soon as possible. I thank the Chairman and my colleagues.

Order of Business (22 May 2018)

Regina Doherty: That legislation is tabled for Thursday week.

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) (22 May 2018)

Regina Doherty: The Deputy has a real problem with democracy.

Written Answers — Department of Employment Affairs and Social Protection: Defined Benefit Pension Schemes (22 May 2018)

Regina Doherty: While it is not appropriate for me to comment on an individual pension scheme, I am aware of recent announcements regarding the pension scheme in question and plans to close the scheme to future accrual. Neither I nor the Pensions Authority has the power under legislation to intervene to compel an employer to continue to make contributions to a scheme. Even where a scheme is closed to new...

Written Answers — Department of Employment Affairs and Social Protection: State Pension (Contributory) Applications (22 May 2018)

Regina Doherty: The person concerned is in receipt of a maximum rate state pension (contributory) with effect from their 66th birthday, based on an assessed yearly average of 48 contributions, covering the period from their date of entry into insurable employment in June 1967 to end-December 2016. The person was notified of this decision in writing on 16 June 2017. I hope this clarifies the matter for the Deputy.

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Schemes (22 May 2018)

Regina Doherty: Self-employed persons have access to the range of social assistance payments and supports subject to meeting the conditionality and means-testing criteria of the relevant scheme. In addition, the following social insurance payments are available to the self-employed, subject to meeting the conditionality and contribution criteria: - Adoptive Benefit - Guardian’s Payment (Contributory)...

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Schemes Data (22 May 2018)

Regina Doherty: There are two schemes to assist people on certain social protection payments who wish to become self-employed, namely, the short term enterprise allowance (STEA) and the back to work enterprise allowance (BTWEA). The STEA provides immediate access to those who qualify for jobseekers benefit wishing to set up a business. Payment under the scheme is at the same rate and for the same duration...

Written Answers — Department of Employment Affairs and Social Protection: Wage Subsidy Scheme (22 May 2018)

Regina Doherty: The wage subsidy scheme (WSS) is an employment support to private sector employers, the objective of which is to encourage employers to employ people with disabilities and thereby increase the numbers of people with disabilities participating in the open labour market. The scheme provides financial incentives to private sector employers to hire people with a disability for between 21 and 39...

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Appeals Status (22 May 2018)

Regina Doherty: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 6 April 2018, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and...

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