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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: It essentially provides that memorandums are insufficient.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Yes.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: It is nice to be back again. By my calculations, this committee has spent ten hours and five sessions hearing from 39 witnesses about this Bill and the wider issues that are raised in it. That is an impressive amount of time and effort. I thank the committee and the Chairman for the work it has put into this Bill. I also thank all the witnesses for giving their time to evaluate the Bill...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: The issues they raised were in regard to the "objectively justify grounds" as opposed to "severe financial difficulties". We are open to supporting that, the reasons for which I set out in my opening remarks. There is no Bill that is brought forward by either Government or Opposition that is perfect. On the last occasion I was before the committee I made clear that the intent of this Bill...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: We are more than happy to do that. If it is an issue of definition that can be resolved. Ms Bolger and Ms Maguire were very constructive. I suppose they were wearing their legal hats and wanted to ensure the definitions in the Bill are consistent with the definitions set out in other Bills. We took the view that State employees are already covered by collective agreements. We were trying...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: It was not so much an unintended consequence, the issue of if-and-when contracts is a problem mainly in the private sector.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: That was the reasoning behind that provision. We are trying to avoid a conflict in regard to definitions. The conflict or differences of opinion should not come down to definitions of a worker, employee or employer. We can agree on the definitions issue because that will not take away from the substance of the Bill. It is an issue we do not have a difficulty with in terms of amendments.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: When I moved the Bill on Second Stage in the Dáil the view of Government was that there was no need for it because there is no problem and no real issue that needs to be dealt with. As stated by the Chairman, the Government has since produced heads of a Bill to deal with the issue, which recognises that there is need for a solution to this problem. We worked off the University of...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: For the purposes of clarity, Mandate was supportive of a timeframe of six months. I acknowledge that ICTU had its position, but there is a recognition by Mandate, a union that represents the vast bulk of workers actually in the if-and-when contract bracket.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: I wish to make a general point in response to Teachta Maurice Quinlivan. I recognise the contributions made by the employers' organisations. I know that I made some strong criticisms in my opening remarks. With other members, I attended a briefing given by some of the employers' organisations on the heads of a Government Bill. Similar arguments were made against that Bill that I believe...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: The date is 17 July.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: I thank Senator Gavan for his support. The issue of casual and precarious work is real. Many issues have come up in the hearings which are not dealt with in this Bill. For example, there is the issue of whether an employee should have the right to seek additional hours. I would support that. However, this Bill is not a miscellaneous, catch-all Bill. It is not trying to solve every...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: I have gone through all the transcripts of all the hours of hearings and I do not believe anyone raised a concern on the issue of the bands that are in the Bill. My concern with the Government proposals is that the bands are too broad. What we do not want is a Bill that on balance would negate the value of it and would make it almost irrelevant. I have a concern that we could be presenting...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: My understanding of what they said was that it was not an either-or situation. They were working on the basis of the Bill as it is, which has yet to be amended. If the Bill were amended along the lines that some of the employment law specialists suggested, they would be more supportive of progressing this Bill rather than simply amending an existing Bill. A stand-alone Bill is merited....

Written Answers — Department of Health: HIQA Inspections (25 May 2017)

David Cullinane: 194. To ask the Minister for Health if his attention has been drawn to the issues relating to a facility (details supplied) in County Kilkenny; if his attention has been further drawn to the fact that HIQA has undertaken three audits of the facility over the past 12 months; if his attention has been drawn to the fact that HIQA has advised that if identified issues relating to safeguarding and...

Written Answers — Department of Health: HIQA Inspections (25 May 2017)

David Cullinane: 195. To ask the Minister for Health his plans for obtaining an extension on the closure order to allow staff in a facility (details supplied) sufficient time to ensure all requirements are met; his further plans to ensure the funding is forthcoming to the facility to allow required qualified persons to be employed there; and if he will make a statement on the matter. [25233/17]

Public Accounts Committee: Business of Committee (25 May 2017)

David Cullinane: I sent on the HEA's proposed terms of reference for the Waterford Institute of Technology examination. I do not think they should be confined solely to FeedHenry because there are multiple companies that need to be examined. There is also the wider policy on multiple conflicts of interest. What I can do is communicate directly with it, but if we have a very limited, narrow focus, we will...

Public Accounts Committee: Business of Committee (25 May 2017)

David Cullinane: I can, but I note that what it is looking at seems to be quite limited. That is my concern.

Public Accounts Committee: Business of Committee (25 May 2017)

David Cullinane: Caranua corrected the record of the Committee of Public Accounts.

Public Accounts Committee: Business of Committee (25 May 2017)

David Cullinane: I do not want to be unfair to any witness who came before the Committee of Public Accounts. At this stage, I do not want to say we were misled because we have to analyse the questions, the responses and the correction that has now been made fairly. The questions asked by Deputy Catherine Connolly, other members and me were specific. They concerned the rent being paid in the year to which...

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