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Written Answers — Employment Rights: Employment Rights (19 Jan 2011)

Dara Calleary: The Employment Appeals Tribunal (EAT) is one of the front-line services directly affected by the current turbulence in the labour market. The Tribunal hears claims under 18 separate pieces of legislation. Some claims, like Unfair Dismissal cases, are complex and can take up to 4 days. Between 2007 and 2009, the number of claims coming to the Tribunal trebled. While there has been a slight...

Written Answers — Employment Rights: Employment Rights (19 Jan 2011)

Dara Calleary: I propose to take Questions Nos. 78 and 100 together. The Towards 2016 Review and Transitional Agreement 2008 – 2009 (paras 9.1 – 9.3) provides for the establishment of a review process to consider the legal and other steps necessary to enable the employee representation mechanisms that had been established under previous agreements – and in legislation – to operate as they had...

Written Answers — Employment Rights: Employment Rights (19 Jan 2011)

Dara Calleary: Ireland's body of employment rights legislation protects all workers employed on an employer-employee basis in Ireland. The Protection of Employee's (Part-Time) Work Act, 2001 provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being...

Written Answers — National Minimum Wage: National Minimum Wage (19 Jan 2011)

Dara Calleary: In accordance with Section 13 of the Financial Emergency Measures in the Public Interest Act 2010, the Order to give effect to the Government's decision to reduce the national minimum wage to €7.65 was signed by the Minister for Enterprise, Trade and Innovation on 18 January. The reduction will come into effect on 1 February 2011. The adjustment of the national minimum wage to a rate more...

Written Answers — National Minimum Wage: National Minimum Wage (19 Jan 2011)

Dara Calleary: Section 41 of the National Minimum Wage Act 2000 makes provision for an employer to apply to the Labour Court for a once-off time limited exemption from the requirement to pay the minimum rate. The EU-IMF Programme of Financial Support for Ireland, published on 1 December 2010, includes a commitment to enlarge the scope of the inability pay provision in the National Minimum Wage Act 2000,...

Written Answers — Employment Rights: Employment Rights (19 Jan 2011)

Dara Calleary: I assume the Deputy's question relates to wage rates provided for in Employment Regulation Orders (EROs) made under the Joint Labour Committee (JLC) system. JLCs are statutory bodies established under the Industrial Relations Acts, 1946 to 2004 to provide machinery for the fixing of minimum rates of pay and the regulation of conditions of employment. JLCs are composed of representatives of...

Written Answers — Redundancy Payments: Redundancy Payments (20 Jan 2011)

Dara Calleary: I wish to advise the Deputy that in accordance with the Government Order entitled "Redundancy and Insolvency Payments (Transfer of Departmental Administration and Ministerial functions Order 2010" responsibility for the Redundancy and Insolvency Payments Schemes transferred to my colleague, the Minister for Social Protection with effect from 1 January 2011. Accordingly, issues arising under...

Written Answers — Industrial Disputes: Industrial Disputes (25 Jan 2011)

Dara Calleary: Aer Lingus cabin crew are currently engaged in 'work to rule' action at the airline over the introduction of new rosters. The action regrettably has resulted in disruption to services recently. I understand that new rostering arrangements have been introduced by the company under its "Greenfield" €97m cost saving plan and that cabin crew last year voted to accept the plan. A part of that...

Written Answers — Work Permits: Work Permits (26 Jan 2011)

Dara Calleary: My Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006. I wish to advise the Deputy that this application was refused on the 9th September 2010 on the grounds that it is current...

Written Answers — International Agreements: International Agreements (27 Jan 2011)

Dara Calleary: I can confirm to the Deputy that Ireland has a reciprocal arrangement in place with Canada under the Working Holiday Programme. The Working Holiday Programme provides young people with a once off opportunity to holiday for an extended period, not exceeding one year, and to engage in employment as an incidental aspect of their holiday in order to supplement their income while travelling....

Written Answers — Work Permits: Work Permits (27 Jan 2011)

Dara Calleary: My Department processes applications in respect of the different types of employment permits - Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits. All applications are processed in line with the Employment Permits Act 2006. I wish to advise the Deputy that it is current Government policy to issue new employment permits only in respect of: · ...

Written Answers — Work Permits: Work Permits (1 Feb 2011)

Dara Calleary: My Department processes applications in respect of the different types of employment permits - Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits. All applications are processed in line with the Employment Permits Act 2006. I wish to advise the Deputy that the Employment Permits Section wrote to the applicant on 27th January 2011 requesting some...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: We accept the proposal.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: We want to welcome Senator Quinn's Bill. The Department has worked hard with him in trying to reach some compromise on it. With regard to issues that have been raised, I am sure Senator Coghlan will bring them to the attention of his party members who will in government this time tomorrow. In regard to Senator O'Malley's substantive point, we acknowledge that there are some gaps here....

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: Under general law, there is an option to pursue debts through the courts. It is intended to arrive at a mechanism to strengthen this provision. It was our intention in drafting the Bill that this would be dealt with within the Dáil process.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: It is not as simple as the Senator suggests; that is the difficulty. Often what we believe in the House to be simple leads to all sorts of issues. That is why we want to carry out a regulatory impact study and, I hope, introduce a mechanism that can be agreed by the Department, the Seanad and the Dáil in the context of the Dáil legislation.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: Much work was undertaken to provide a security of payment provision amenable to both parties. There is a difficulty about public contracts and having the right to appeal a decision through arbitration to ensure the best value for money is achieved for the taxpayer. We are still committed to achieving a security payment system which would avoid such situations in both the public and the...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: I believe Senator O'Toole has provided two bases for us to pursue this and I will ask the officials to pursue the matter of timelines for arbitration in advance of the Bill coming to the Dáil.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: Amendment No. 9 allows a code of practice to be drawn up by the Minister. That code of practice can be drawn up as vigorously as possible to reflect the views of the Senators.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Dara Calleary: The challenge we have is to protect public money. In the Senator's scenario if the State seeks to appeal or adjudicate a decision that money will be paid over regardless of the State's right to appeal. If the State wins that appeal it will be very difficult for it to get its money back. We will look at mechanisms to avoid this happening and to allow cash to flow as Senator Coghlan...

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