Results 12,601-12,620 of 32,583 for speaker:Richard Bruton

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: Amendment No. 13 is not appropriate, as section 6(2) already provides for criminal liability for certain persons connected to a body corporate in certain circumstances. In the case of offences under this Act, extending liability for the debts of an insolvent company to the officers of the company would, I am advised by the Attorney General, be constitutionally suspect and would represent a...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: This is an issue of company law. Clearly, there is a far wider debate at issue than a breach of employment law. We are dealing with the enforcement of employment law at the moment. I cannot accept the amendment, but I believe the principles of company law would have to be respected. Any amendment from the Deputy seeking changes in company law would have to be drafted within the...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: It depends. I am not an expert in the field. We do not set statutory obligations in respect of redundancy, except for the statutory two weeks plus provision. That is statutory redundancy. I gather that what the Deputy is referring to are companies that have structures such that when they close they do not pay money in addition to statutory redundancy. I do not believe we have provision...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: On holiday pay, if a company goes down, we provide a safety net through the insolvency fund. It is provided where companies fail. I know that there is another issue where companies do not go into liquidation and remain, if ones likes, unliquidated-----

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: That is an issue at which we are looking. As the Deputy knows, Revenue recently took a case to force the wind-up of a company. I accept that there are issues and that we need to try to tease them out, but I do not think the Deputy’s amendment is robust enough to do this or that it would be acceptable. The legal advice is very strongly against it.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No.14: In page 26, line 29, to delete "or deputy chairman" and substitute "or a deputy chairman".This amendment simply involves a grammatical correction.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We will assess the merits of the Deputy's proposal when we see his amendment. It may be a matter that can be dealt with under the terms of the contract rather than having to be placed in the Bill. When the Deputy submits his proposal, I will have it assessed.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: The offences in respect of which a fixed charge notice may issue, as set out in subsection (5), are relatively minor. The three "relevant offences" are those under section 11 of the Protection of Employment Act 1977 which relates to the requirement for an employer to consult employees' representatives and the Minister on collective redundancies; section 4(4) of the Payment of Wages Act 1991...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We have already doubled the proposed fine. The original charge was €1,000, as per the heads of the Bill.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I will consider the matter before Report Stage. It is a question of proportionality as between the penalty and the offence. If it is a more serious offence, one goes with the full weight of a prosecution, whereas this subsection is dealing with offences where a summary approach is appropriate. We will re-examine the issue.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: The concern on our side is that if we are going to allow for the imposition of that level of fine on a party, it might be necessary to move to a more formal procedure. I will consult on the matter between now and Report Stage to see what the judgment is on it.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 19: In page 30, after line 39, to insert the following:"Prosecution of offence under relevant enactments 36. (1) The power vested in the Minister under any relevant enactment to bring and prosecute summary proceedings for an offence under that enactment is transferred to the Commission. (2) References in any enactment or instrument under an enactment to the Minister in so...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We are looking at that and plan to bring in an amendment, I hope in the Seanad. There is an issue there but obviously one cannot get double compensation for the same case.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: A later amendment will do exactly that, namely, bring them under the same rubric. They are slightly different in the way they work but they will be under the same provision.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: Section 37 is no longer required as the amendment to section 36 removes the director general's power to appoint a separate cohort of case resolution officers. Sections 36 to 39, inclusive, of the Bill, as published, provided separately for the appointment of case resolution officers and mediation officers by the director general to ensure that parties to complaints referred to the director...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I move amendment No. 20: In page 33, between lines 7 and 8, to insert the following: "Case resolution without reference to adjudication officer 39. (1) (a) Subject to paragraph (b), the Director General may, where he or she is of the opinion that the complaint or dispute is capable of being resolved without being referred to an adjudication officer under section 41, refer the complaint for...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We will examine that in the intervening period.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: We did not submit it but section 40 is to be deleted for the same reason. It duplicates the new section 39.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: It was an omission on our part but the text is identical to the new one and refers to case resolution without reference to an adjudication officer.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Richard Bruton: I am sorry.