Results 6,601-6,620 of 8,235 for speaker:Alice-Mary Higgins

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: If there is no objection to employers putting such arrangements in place from the beginning, why not accept the amendment, which would allow employers to apply the statutory measure from day one? It is a choice. If one is choosing between two jobs, it would be good to know. I am happy for the provisions to be subject to an additional bar or to mutual agreement in the first few months but,...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 24: In page 14, line 2, after “not” to insert “, subject to the approval of the employer and the employee,”.

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 26: In page 14, line 27, after “certificate” where it firstly occurs to insert “, care order, voluntary care agreement”. Amendment No. 26 seeks to ensure that care orders and voluntary care arrangements are included as documentation that may be used as part of a request for a flexible work arrangement. This is to ensure that foster parents...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I am again surprised at the lack of willingness to take on constructive proposals. While the Minister may choose to understand that these documents are included, employers will not be experts on the foster care system, care orders and so forth. The concern is not that the list needs to be exhaustive. We have already spoken about the concerns regarding people who may not in fact be acting...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: It is not overly prescriptive or exclusive. I am leaving it wide open for other documents that may emerge as being relevant. I am not looking for every single document to be listed. That would be if I was looking for an exclusionary list. I am simply saying let us put in and name something we know is likely to be used. That is not the same thing. It is important to be clear on what is...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 30: In page 15, line 14, after “needs” to insert “, relevant to the functioning of his or her business,”. These amendments relate to the slightly strange language used in the Bill. It is not really typical of how we would normally approach it. We have already discussed the solely needs-based approach rather than a rights-based or good...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I would like the Minister to clarify a matter. Is the directive being specified in relation to the section on flexible arrangements for care or the section on remote working? Is that same directive argument applying to both of those parts?

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: To clarify, the Minister mentioned one part of the Bill is transposition of the EU directive. I am just clarifying because there are two areas where the language is used. One is in respect of seeking flexible working arrangements for care and the other is in respect of remote working. I am looking for clarification as to whether the EU directive-motivated section applies to both of those...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I wish to clarify a couple of points. I accept, to a degree, the point on the coherence of the language. I still have concerns on it. I do not accept that my amendments would have in any way inadvertently disadvantaged employees because my amendments solely related to the definition of “needs” in respect of employers and that there be clarity. On flexible working...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: -----reasons might be better language but we can come back to that again on Report Stage. I withdraw the amendment and reserve the right to reintroduce.

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 31: In page 15, line 14, after “needs” to insert “, relevant to the fulfilling of the employee’s duties,”. I withdraw the amendment and reserve the right to reintroduce on Report Stage.

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 33: In page 15, between lines 32 and 33, to insert the following: “(2A) Where an extension under subsection (2) occurs, the employer shall notify the employee in writing of the reasonable grounds upon which such the extension is required.”. I do not see my notes but I will continue anyway. Amendment No. 33 effectively is related to the fact that an...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I would disagree that it is not automatic. It is automatic. It simply states the employer may extend the four-week period by a further period, not exceeding eight weeks. It is absolutely at the discretion of the employer to extend it by the extra two months. Simply saying you have informed somebody that you have extended it by two months does not mean it is not an automatic right to...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I will speak briefly in favour of Senator Currie's amendments. They demonstrate the fact she has a very good understanding of remote working and how it operates. I do not believe there is the right balance. There are problems with the language in the Bill about the basis on which an employer can withdraw the arrangement. It is very fair to put in the words "reasonable and demonstrable"...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 37: In page 17, between lines 18 and 19, to insert the following: “(1A) Where a termination of a flexible working agreement occurs due to circumstances described in subsection (1)(a), the termination shall only be valid for the period in which such seasonal variations occur and upon the conclusion of that period the flexible working agreement shall...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I addressed the fact that one may end up with people reapplying a one- to three-month period of waiting for a decision, after reapplying, and all the paperwork being done again.This is the kind of measure that is going to make this legislation not work. When things like this are put in legislation, people will apply, they will do it, it will be this whole process, they will get it and then...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: A pattern is emerging. Of course not every workplace is suitable for remote working. If we have proper legislation, then reasonable grounds can be shown. I refer to the reasonable and demonstrable language Senator Currie is talking about and the kind of language Senator Sherlock is putting forward in respect of reasonableness as well. If there is a reason why remote working is not...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I move amendment No. 48: In page 23, line 29, after “years” to insert “or when the employment ceases”. Amendment No. 48 seeks to include in the proposed amendment to section 29 of the principal Act that where records of medical leave are kept that as well as the three-year limit on the retention of such record, that they would be destroyed when employments...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: Amendment No. 49 seeks to include in the proposed amendments that where records of flexible working arrangements are kept as well that the three-year arrangement for the retention of such records that they may be destroyed when employment ceases. It is the same data protection but I have slightly different feelings about amendment No. 49 in that the pattern or outcome of arrangements is...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed) (15 Feb 2023)

Alice-Mary Higgins: I accept that concern and retention of records post-employment is the main thing I want to get to rather than the other piece. I am happy to not press the amendment at this point and to come back to it on Report Stage.