Results 541-560 of 4,608 for speaker:Joe O'Toole

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I move amendment No. 1: In page 5, between lines 21 and 22, to insert the following new subsection: "(2) The Minister may by order provide for the commencement of this Act on a date earlier than the passing hereof where necessary to comply with Council Directive 1999/70/EC." Senator McDowell asked me to deal with these issues on his behalf if he was not here. The point behind the amendment is...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I welcome very much the inclusion of pay and pension entitlements. It is hugely important and I am sorry that I did not get the opportunity to say that on Second Stage. On the advice from the Attorney General's office, my understanding is that a European directive is enforced from the time it is passed and that one cannot delay the spirit of the directive merely by waiting for the legislation...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I move amendment No. 2: In page 6, subsection (1), line 2 after "writing" to insert ", including a contract of employment with an employment agency.". There are two issues here. The Minister of State will understand that I am talking about people who have a contract of employment with an employment agency for a period. If such a person wishes to be protected by this legislation, there is no...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: That is positive news. Previous legislation covers these workers, many of whom are not temporary. I agree with the point made by Senator McDowell. The workers concerned have been walked on and, in many cases, subjected to slave conditions of labour. There is the potential for them to be underpaid and oppressed in many ways which is the reason they require protection. I understand from what...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: That is the perfect answer.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I move amendment No. 5: In page 7, subsection (1), lines 4 to 7, to delete paragraph (a) and substitute the following new paragraph: "(a) any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment, and". This amendment proposes to tidy up the definition of "remuneration" which changes in different...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: The same issue arises in respect of the definition of employer, which is different to that contained in the 2001 Act. It may be connected with the exclusion of the temporary agency and may be related to our earlier discussion. I do not have the actual definition in my possession, although I looked at it yesterday. If it is not to hand, I would be happy if the Minister of State could indicate...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: Why is the change being made?

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I am sorry to see it go.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: Will it remain exactly the same?

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I move amendment No. 6:

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I appreciate the Minister of State's acceptance of my amendment. Amendment agreed to. Section 7, as amended, agreed to. Section 8 agreed to. SECTION 9.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I have a question on section 9. I would like some clarification as to the objective grounds or the reasons that may exist for the renewal on a fixed-term contract basis, rather than a contract of indefinite duration. Who will decide on this matter? Section 8 provides a definition of objective grounds for less favourable treatment but there is no definition for objective reasons or grounds...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: He could be re-trained in rap music.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I thank the Minister for taking those questions. Question put and agreed to. SECTION 10.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I move amendment No. 9: In page 10, lines 37 to 40, to delete subsection (1), and substitute the following new subsection: "(1) Where an employee has completed one year of continuous employment with his or her employer or associate employer (a) his or her fixed term contract may be renewed on only one occasion and (b) where the combined period of the fixed term contracts exceeds 4 years, the...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I thank the Minister of State for being so open on the issue. I accept and understand that there has to be further internal consultation between Departments. I understood the Minister of State to say he intended to bring the matter to the Dáil and that it would come back to this House at some stage, although not on Report Stage because the consultation will not have been completed by that time.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: I very much thank the Minister of State for accepting the arguments, which I hope he will take on board during the consultations.

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: The former Department of Industry and Commerce went through various name changes before becoming the Department of Enterprise, Trade and Employment. Every time the name changed it involved a new seven year contract. That is where it could work in somebody's favour. Amendment, by leave, withdrawn. Government amendment No. 10: In page 10, subsection (1), line 39, after "associated employer" to...

Seanad: Protection of Employees (Fixed-Term Work) Bill 2003: Committee Stage. (10 Jun 2003)

Joe O'Toole: That is a matter about which I am confused. There is a further issue which also bothers me. I have been turning around in my head the idea of members of the Defence Forces and the Garda Síochána being on fixed-term contracts. It is certainly fresh thinking and I do not see the reason they have to be excluded. I cannot see how it would arise. Gardaí and members of the Defence Forces can...