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Written Answers — Prompt Payment System: Prompt Payment System (28 Feb 2012)

Richard Bruton: The issue of late payment is covered by the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (S.I. No. 388 of 2002). Under these Regulations, it is an implied term of every commercial transaction that where a purchaser does not pay for goods or services by the relevant payment date, the supplier shall be entitled to interest ("late payment interest") on the...

Written Answers — Departmental Advertising: Departmental Advertising (28 Feb 2012)

Richard Bruton: Recruitment to my Department is undertaken by the Public Appointments Service (PAS) through competitions advertised in the public press. Therefore, no cost has been incurred by my Department in respect of advertisements placed in national newspapers for job vacancies in the civil service in the past 12 months. There were four new entrants recruited from competitions advertised and...

Written Answers — Enterprise Support Services: Enterprise Support Services (28 Feb 2012)

Richard Bruton: The senior official within the Enterprise Development Unit of my Department who currently acts as the liaison and contact point for the Irish BICs is Ms Margaret Lawlor, who can be contacted at margaret.lawlor@djei.ie .

Written Answers — Appointments to State Boards: Appointments to State Boards (28 Feb 2012)

Richard Bruton: Of the fifteen members of the Board of Irish Auditing and Accounting Supervisory Authority, IAASA, four are not entitled to Board fees by virtue of the positions they hold. These are the CEO of IAASA, the Director of Corporate Enforcement, the representative from the Revenue Commissioners and the representative from the Central Bank. Of the remaining Board Members, Mr Brendan Kennedy -...

Written Answers — Ministerial Transport: Ministerial Transport (28 Feb 2012)

Richard Bruton: The accompanying tables provide a breakdown of costs incurred in the provision of transport for me as Minister in 2011. Prior to the Government Decision of 15th March 2011 Cabinet Ministers had the use of State Cars, therefore all transport costs were met by the Department of Justice and Equality. Details of mileage expenses for the period 1st May 2011 to 31st December 2011. Purpose of...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: This important legislation is the first Bill I have introduced in the Seanad and I am pleased to have an opportunity to hear Senators' perspectives on it. The purpose of the Bill is to give effect to a European Commission directive adopted in 2008 on temporary agency work. It provides a legal framework in which agency workers are afforded equal treatment in respect of their basic working...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: Because that is the default position in the directive. It is only possible to derogate if the social partners agree.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: There are no social partners-----

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: The predominant system of negotiation in other countries is through collective agreements and there are two derogations, one through the UK and Irish model in which there is national social partnership and the other through the more common European model in which it is done on a local basis. For us, outside registered employment agreements, the most relevant derogation is at the national...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: I will pick up on the point in the conclusion of the debate.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: Section 7 is the core provision that outlines the entitlement to basic pay and working conditions for agency workers. It must be read in conjunction with section 3 which sets out the criteria for establishing a "comparable employee". The requirement in the directive is that agency workers should enjoy at least the same basic working conditions as someone recruited by the hirer to do the...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: I remind the Senator that the directive was not negotiated in my day.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: I thank all Senators for their contributions. In starting with the last contribution first, while Senator Jim Walsh was highly critical of the manner in which social partnership was dealt with in the directive, I simply was pointing out to him that the negotiations in this regard took place in 2008. If terms were improperly used, I must deal with the directive as presented, which is an...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: That pertains to the Swedish derogation. Permanent agency workers are permanent with the agency, not with the hirer. As far as I am aware, the Swedish derogation is not used in Ireland, but the idea behind it is that it suits some employees and employers for the former to be paid a retainer when they are not employed. Some employees might see this as an attraction. They are on-call, work...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: IBEC and ICTU are social partners. They provide collective representation for employers, on one hand, and workers, on the other, and they are recognised nationally. My officials and I engaged in discussions with the social partners to discover whether agreement could be reached in this area. The directive explicitly provides that if, at national level, social partners can agree to its...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: The point I am making is that we are introducing changes which will affect both JLCs and REAs and which will make it possible for them to respond to altered economic conditions. Under the current model, it is extremely difficult for them to respond to such conditions. It is necessary to encourage both sides to agree. One cannot expect unions to agree to a unilateral reduction in respect of...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: There have been some examples of rates being negotiated downward. However, we are introducing a much more flexible mechanism whereby the Labour Court will be involved. If there is deadlock and there is not an agreement to reduce a rate to facilitate new employment, the Labour Court will be in a position to intervene and advocate a rate that would be fair in all circumstances. We are...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: The Senator cannot have it both ways. He cannot pretend that we are not making the system more flexible.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: We are making it more flexible.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Second Stage (28 Feb 2012)

Richard Bruton: The Senator's party was in government for a long period and did not choose to take action on this matter.

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