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Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: That is not the point. The Government seeks to achieve good practice and to get in place a compliance culture among employers, not to introduce an obligation that sets out in primary legislation time limits and time lines in a highly precise way that could lead to unexpected and unnecessary outcomes, while still ensuring that there is a robust system in which a worker who has not got a fair...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: The Deputy raised these issues on Committee Stage. We had a discussion about and reflected on them. The first amendment concerns cases in which the overall package is good but some individual terms are not as good. The directive is clear in this regard. It does not allow us latitude to take an aggregate package. Essentially, the view is that if such arrangements were permissible, they...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: A number of issues were raised in respect of the Swedish model. That model is not prevalent in Ireland. It is not the case that people in the public service are paid retainers for periods during which they are not working. It is obviously an arrangement which can be suitable for both sides. Deputy Wallace described the way in which people were employed in the construction sector in recent...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: I cannot accept what the Deputies are saying. This is an exemption for a situation where an employer offers temporary work but for the period the person is not working a retainer payment will be made. This is a reasonable employment arrangement into which people can enter. The Deputies want to outlaw such an arrangement. I accept such an arrangement could be flexible and would justify...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: The amendment allows that during the assignment a rate will be set which need not meet the rate that would apply to permanent workers. However, there must be a commitment that when the person is not assigned, he or she is paid. People will get a permanent contract. These agency workers are not on temporary assignments but on permanent contract under which there are periods of assignment...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: It is an arrangement whereby a person can enter into an agreement with an agency that gives him or her periods of work but also provides for periods during which he or she will be paid, even when not working. It is a different type of contract but it must be permanent in that the person is taken on with a long-term contract that provides periods of assignment and non-assigment. The agency...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: I move amendment No. 22: In page 12, line 11, to delete "contract of service" and substitute "contract of employment". This is a technical amendment.

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: I move amendment No. 23: In page 12, to delete lines 16 to 28. On Committee Stage I flagged to Deputies that I would revert in particular to section 13(2)(b) and (c)which relate to the charging of fees in respect of health and safety costs and Garda vetting. In addition, I undertook to look more closely at paragraph (a) that proposed that employment agencies would be able to charge...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: With the exception of sections 11 and 14, as amended on Committee Stage, responsibility for breaches of the legislation is attributable to the employer of the agency worker given the direct employment relationship that exists between the two parties. However, exceptionally in sections 11 and 14, which relate, respectively, to the rights of agency workers to vacancy notices relating to job...

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (22 Feb 2012)

Richard Bruton: This approach is standard in other Bills such as the transfer of undertakings legislation and, therefore, we are not innovating. If there is a clear obligation on the hirer, he will be responsible. The case should be pursued against the hirer and it is the responsibility of the hirer to honour his obligations under the legislation as they relate to vacancy notices and workplace facilities....

Protection of Employees (Temporary Agency Work) Bill 2011: Report Stage (Resumed) and Final Stage (22 Feb 2012)

Richard Bruton: I thank the Deputy for the amendment. Schedule 2 provides for the avenue of legal recourse that an agency worker can take in the event of being denied, among other things, access to amenities and facilities. It is up to the Rights Commissioner Service to determine the appropriate compensation to be awarded, given the set of circumstances that present. It would be inappropriate, given the...

Written Answers — Service Imports: Service Imports (22 Feb 2012)

Richard Bruton: Ireland's Services Imports from Israel in 2010, the last year in respect of which country-specific data is available, totalled €96m. Of this total, Other trade related services accounted for €75m, Financial Services for €1m and the remainder comprises minor sums in respect of Communications, Insurance, Computer Services, Legal Accounting and other professional services, Advertising and...

Written Answers — International Trade: International Trade (22 Feb 2012)

Richard Bruton: According to Central Statistics Office published data, in 2010 (the latest full year in respect of which country-specific trade statistics are available) Ireland exported €82 million worth of goods to Iran. The four most significant categories were general industrial machinery and equipment etc. - €15.1 million; medical and pharmaceutical products - €14.4 million, miscellaneous edible...

Written Answers — European Globalisation Adjustment Fund: European Globalisation Adjustment Fund (22 Feb 2012)

Richard Bruton: This is a day to day operational matter for the relevant State Agency, Limerick County Enterprise Board. I have asked that the relevant business unit based within Enterprise Ireland to liaise with the Enterprise Board and respond directly to the Deputy.

Written Answers — Human Rights Issues: Human Rights Issues (22 Feb 2012)

Richard Bruton: I propose to take Questions Nos. 128 and 134 together. My Department is responsible for issuing licenses for exports outside the EU of controlled goods and technology listed in the EU Dual Use Regulations. No licenses have been issued in the past four years in respect of dual use controlled technology intended for export to Syria. From preliminary contact with the exporters concerned I...

Written Answers — Departmental Funding: Departmental Funding (22 Feb 2012)

Richard Bruton: The matter to which the Deputy refers does not come within the remit of my Department.

Written Answers — Work Permits: Work Permits (22 Feb 2012)

Richard Bruton: I propose to take Questions Nos. 131 and 132 together. My Department processes applications in respect of the different types of employment permits and all applications are processed in line with the Employment Permits Act 2006. All employment permits are employer and location specific. Accordingly, if an employment permit holder wishes to change employer then a new application will have to...

Written Answers — Ministerial Appointments: Ministerial Appointments (22 Feb 2012)

Richard Bruton: The Irish Business and Innovation Centres (BICs) provide integrated packages of intensive services to pre-start-up and early stage entrepreneurs including incubation space, assistance with access to finance, seed capital, mentoring and business planning. BICs have made a significant contribution to the development of the indigenous business sector in Ireland. They enjoy strong public and...

Written Answers — County Enterprise Boards: County Enterprise Boards (22 Feb 2012)

Richard Bruton: The maintenance of statistical information in relation to the Getting Irish Business Online Initiative is a day to day operational matter for the County and City Enterprise Boards (CEBs) operating under my Department's remit. I have asked that the relevant Business Unit based within Enterprise Ireland compile the information required on behalf of the CEBs, which will then be supplied direct...

Written Answers — Departmental Staff: Departmental Staff (22 Feb 2012)

Richard Bruton: The Deputy will appreciate that the composition of the State boards and commissions coming under the aegis of my Department is set down in the relevant establishing legislation. In considering candidates for appointment, my priority and overriding focus is to find the best people for particular board appointments. In doing so I have regard to several factors including the expertise and...

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