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Select Committee on Jobs, Enterprise and Innovation: National Minimum Wage (Low Pay Commission) Bill 2015: Committee Stage (1 Jul 2015)

Gerald Nash: Amendment No. 15 proposes to introduce a new section 7 of the Bill on anti-victimisation provisions for workers who make a statement to the Low Pay Commission or give evidence to the commission via their representative organisation. I recognise the Deputy’s intent with the amendment, however, there are already a significant number of protections in place for workers who consider they...

Select Committee on Jobs, Enterprise and Innovation: National Minimum Wage (Low Pay Commission) Bill 2015: Committee Stage (1 Jul 2015)

Gerald Nash: The purpose of the Bill is to provide for the necessary amendments to the National Minimum Wage Act to ensure the establishment of the Low Pay Commission on a statutory basis. It is not just about the national minimum wage. This is about low pay and dealing with the issue on a structured basis with a statutory body. The principal function of the Low Pay Commission will be, on an annual...

Select Committee on Jobs, Enterprise and Innovation: National Minimum Wage (Low Pay Commission) Bill 2015: Committee Stage (1 Jul 2015)

Gerald Nash: I want to advise the committee that I propose to bring forward an amendment on Report Stage relating to disqualification provisions in respect of membership of the commission contained in the Schedule to the Bill. Currently, reference is made to certain provisions of the Companies Act 1990. This will require an amendment to insert corresponding provisions under the recent Companies Act...

Topical Issue Debate: Autism Support Services (2 Jul 2015)

Gerald Nash: I thank Deputy Conway for raising this matter which I am taking on behalf of my colleague, the Minister of State with responsibility for primary and social care, Deputy Kathleen Lynch. I assure Deputy Conway that the Government is committed to the provision and development of services for children with special needs, including autism, and to improving access by those children to services...

Topical Issue Debate: Autism Support Services (2 Jul 2015)

Gerald Nash: As I said, I am taking this debate on behalf of the Minister of State, Deputy Kathleen Lynch. I will relay the concerns the Deputy raised to her. I understand she has been raising them for some time. I will repeat what I said. It is not satisfactory that Deputies are waiting an excessive period of time for information that should be available very quickly from the HSE which is an agency...

Topical Issue Debate: Job Losses (2 Jul 2015)

Gerald Nash: My Department has contacted other relevant agencies to seek a co-ordinated response by State bodies. I know that the Department of Social Protection has already been in touch with the company, with a view to arranging briefing sessions with employees. This will happen in a matter of days. They will be advised on the Intreo process, jobseeker's payments and redundancy entitlements, as well...

Topical Issue Debate: Job Losses (2 Jul 2015)

Gerald Nash: I will relay those concerns to the Minister and to the agencies concerned. I agree it is very important that our State agencies swing into action to support people in the difficult decisions they have to take and ensure they have the complete information they need to make an informed decision. I am not aware of the specifics about the claims department but I assure the Deputy I will relay...

Topical Issue Debate: Job Creation (2 Jul 2015)

Gerald Nash: I know that as a member of the Joint Committee on Jobs, Enterprise and Innovation, Deputy Kyne has a genuine interest in seeing a recovery in the retail sector and has made a strong contribution in that policy area. The retail sector is an important part of the social fabric of both rural and urban areas. The retail and wholesale sector employs more than 270,000 people and constitutes...

Topical Issue Debate: Job Creation (2 Jul 2015)

Gerald Nash: I thank the Deputy for his contribution to this debate on the ongoing work of the committee and his input into its report. The importance the Government is placing on the retail sector is reflected in the fact that there are 12 discrete actions in the 2015 Action Plan for Jobs designed to support recovery in the retail sector. They includes a commitment to review the recommendations made in...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: This is a technical amendment which removes references in section 23(1) of the Industrial Relations Act 1990 to an officer of a vocational education committee and an officer of a school attendance board. These amendments are consequential arising from an amendment brought forward on Report Stage in the Dáil which amended a reference in section 23(1) to a member of staff of an education...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: I thank Senator Cullinane. The purpose of the amendment is to allow an employer sign up to an existing REA as a new party to the agreement. However, section 8 already provides for a mechanism by which an REA can be varied in its application to any worker or workers to whom it applies. In this regard, the variation provisions under section 8 would allow for an application by a new employer...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: Section 10(5) provides that the Labour Court may cancel the registration of an employment agreement if it is satisfied the trade union party to the agreement is no longer substantially representative of the workers concerned. The purpose of amendment No. 3 is to require the court to give three months' notice to the trade union of its decision and to allow for an appeal within six weeks of...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: Section 13 provides for a definition of "remuneration" for the purposes of a Labour Court recommendation for the terms of a sectoral employment order. The definition is based on the definition of remuneration included in the Protection of Employees (Temporary Agency Work) Act 2012. The definition includes basic pay and a list of other elements in excess of basic pay that may be included as...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: Section 16 sets out a comprehensive and a challenging set of factors that the Labour Court has to take into account when making a recommendation to the Minister in respect of a sectoral employment order. Amendment No. 5 would add two further factors that the court would be required to take into account. I have given significant consideration to these criteria with Government colleagues. I...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: It is as clear as the nose on my face that the legislation on sectoral employment orders seeks to ensure fairness and the same rate of remuneration. This is a requirement to reach an SEO or for an SEO to be made. That takes into account rates of pay and the fairness of rates of pay in a given sector. This architecture has been supported by the trade union movement, which has not found...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: I am pleased to have the opportunity to respond to Senator Cullinane on this point. The Mandate trade union has not formally made the point to me about hours of work, but it has made the point, publicly and privately, that the utility of the collective bargaining legislation is clear in terms of potentially assisting the trade union in the context of the dispute to which Senator Cullinane...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: It is an interesting point. Let me start with the Senator's reference to harmonious industrial relations, a principle with which those engaged in the sector will be familiar. The Minister of the day will need to be satisfied before signing an order that it will promote industrial peace and harmonious industrial relations. In the absence of the old REA system which was struck down by the...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: Amendment No. 7 seeks to include a prohibition on the blacklisting of a worker in the anti-victimisation provisions in section 19 if workers are covered by an SEO. The blacklisting of persons, for whatever reason, is an abhorrent practice, particularly for those exercising their rights regarding their remuneration or terms of employment. If there is evidence that this is a widespread...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: Amendment No. 9 seeks to provide a role for trade union officials in the enforcement of registered employment agreements, registered employment orders which are more correctly entitled sectoral employment orders and employment regulation orders. It would also provide for the Minister making regulations providing for a right of access for trade union officials to the workplace and employees....

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

Gerald Nash: Amendment No. 12 deals with the issue of access by retired persons to the industrial relation machinery of the State and provides for the insertion of a new section to the Bill providing that the Minister may by regulation provide for a mechanism to provide for representation by or on behalf of retired employees in regard to pensions matters. I fully appreciate the concerns of retired and...

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