Results 13,241-13,260 of 32,583 for speaker:Richard Bruton

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Section 25(4) does not contain exhaustive definitions of the terms "practising barrister" or "practising solicitor". It merely clarifies that certain persons are deemed to come within those groupings in addition to those persons included in any plain English interpretation of the words. It has been a long-standing practice in this State when drafting statutory criteria for legal, including...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Then why bother with the amendment if it does not rule anyone out?

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Not at all. I am using what the Senator would call Occam's razor. One does not start putting stuff into legislation that is unnecessary.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I would say a lot more. I am inclined to joust on the same grounds as the Senator very feebly.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I do not think it is practical to require under section 29 that every employer display in a prominent position information about employees' rights.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: It could run to a book. NERA provides this information on its website, and the Bill will embody NERA. It is an obligation of the State to ensure people are well-informed. To expect employers to have such a comprehensive amount of information and keep it up to date would be unfair. We have websites to ensure both sides can easily understand their material. The Senator stated this...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I cannot say I agree. We have obligations for employers, which are set out under terms of the employment information Act.It requires employers to provide each employee with a written statement of the employee's terms of employment and to notify him or her of any change in the particulars given in the statement. An employer cannot provide terms of employment that are in breach of any of the...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Of course there will be.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: Amendments Nos. 31 and 39 are being introduced in aid of the labour inspectors and will provide them with a statutory basis to use reasonable force where necessary in order to gain entry to premises connected with the employment of persons. In the majority of inspections, the employers consent to the inspections and inspectors are not required to use force to gain entry. However, the...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: While some of what is proposed makes sense, I do not agree with some of it. Senator Quinn is proposing the deletion of the subsection that allows an inspector to remove any books, documents or records from a place of work or premises and detain them for such period as he or she reasonably considers to be necessary for the purpose of his or her functions under the Act. I think that is a...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: The purpose of these amendments is to clarify and remove confusion surrounding the effect of subsection (7) of this section and the capacity to use incriminating evidence given voluntarily after caution. Currently, the statutory functions and powers of labour inspectors are scattered over a large number of Acts dating back to 1946. Section 27 restates and consolidates all of those functions...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: The Senator may be mistaken. Inspectors have always had the power to inspect. The Bill provides that for the purposes of the Act an inspector may enter at all reasonable times a place of work or any premises to do the work that inspectors do. This power is essential to their normal everyday work. Subsection (2) provides that an inspector may in certain limited circumstances be accompanied...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: We are seeking to respect constitutional requirements. The inspector may question anyone and demand answers but if a caution has not been issued to the person, this cannot be used as evidence against that person, although it could be used against another person. If a caution is issued, the evidence provided could be used against the individual being questioned. That is what we are seeking...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: We shall do so. I know there is quite a bit of debate around this issue but whatever we put in place needs to be legally robust and respect constitutional rights. We must proceed with caution and ensure that we have is robust. This is robust enough to withstand any challenge.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: As I understand it, the amendment requires a caution.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I will revert to the Senator and check it out before Report Stage. We are seeking to achieve a balance so that where there is a caution, evidence can be used. If compulsion has been used to obtain the answers, the evidence cannot be used. I will revert to the Senator about this.

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: As I understand it, the power would allow a person to question a party and demand answers. Compulsive powers of an inspection are used in that case. The evidence could only be used against another person and not the person against whom the compulsory powers are used. This is in order for the process to be legally robust. We have had engagement to ensure anything we put in here is legally...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: I would have thought every court case involves witnesses who produce evidence against a person. That is what is used ultimately as-----

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: If one takes a case against an individual, one arraigns the witnesses and seeks to establish that an offence was committed. The testimony of those witnesses is evidence against a third party. The Senator is saying it is unthinkable that one would have evidence against a third party. If the information was acquired from that individual under some compulsion, the provision provides that if...

Seanad: Workplace Relations Bill 2014: Committee Stage (19 Feb 2015)

Richard Bruton: There are two ways of doing this. Either one warns them and says, "Anything that you say will be taken down in evidence and may be used against you", or one says, "I am compelling you under my rights as an inspector that you must answer the following questions, but in compelling you to do so your answers cannot be used as evidence against you because you cannot be compelled to be a witness...