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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: 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: I move amendment No. 5: In page 10, between lines 11 and 12, to insert the following:"Construction of references to employer and employee 3. (1) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to a relevant enactment—(a) references in this Act to employer shall be construed as references to employer within the meaning of the...

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

Richard Bruton: I move amendment No. 6: In page 11, between lines 28 and 29, to insert the following:“Repeal of enactments 7.(1) The enactments specified in column (3) of Schedule 2are repealed to the extent specified in column (4) of that Schedule. (2) The repeals effected by subsection (1) shall not apply in respect of complaints or disputes made, presented or referred to a rights commissioner under...

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

Richard Bruton: I am happy to accept that amendment.

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

Richard Bruton: These amendments relate to the time limit, as the Deputy indicated. They seek to reduce the time period from 42 days, as provided for in the Bill, to 14 days. The Bill seeks to standardise the time periods for appeals across the broad spectrum of employment rights legislation and provides for a 42 day appeal period for decisions of workplace relations commission, WRC, adjudicators and the...

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

Richard Bruton: Could we go into private session briefly? I have received information on one of the issues raised.

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

Richard Bruton: I do not agree to the insertion of the amendment as it is unnecessary.

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

Richard Bruton: I move amendment No. 3: In page 8, to delete lines 20 to 23 and substitute the following: " "employee" and "employer" shall be construed in accordance with section 3;".

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

Richard Bruton: I move amendment No. 2: In page 8, between lines 12 and 13, to insert the following:" "Act of 2012” means the Protection of Employees (Temporary Agency Work) Act 2012;".

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

Richard Bruton: I can give the Deputy a report on the agency under my control and seek information on the Department of Social Protection and the Revenue Commissioners which have statutory responsibilities in this area. The suspension of the sitting is unnecessary to enable me to seek that information and would not in any way be helpful in accelerating the gathering of the information from the agencies...

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

Richard Bruton: I move amendment No. 1: In page 8, between lines 6 and 7, to insert the following:" "Act of 1994" means the Maternity Protection Act 1994; "Act of 1995” means the Adoptive Leave Act 1995;".This is a technical amendment required in order to provide additional definitions and interpretations of key terms used throughout the Bill. It is also to clarify the intended scope of the...

Select Committee on Jobs, Enterprise and Innovation: Business of Select Committee (6 Nov 2014)

Richard Bruton: I will introduce two amendments on Report Stage.

Written Answers — Department of Jobs, Enterprise and Innovation: Irish Water Administration (6 Nov 2014)

Richard Bruton: Contracts for the supply of water would be considered to come within the scope of the Sale of Goods and Supply of Services Act 1980. As the economic regulator for public water services, the Commission for Energy Regulation is required by Part 5 of the Water Services (No. 2) Act 2013 to have regard, among other things, to the need to ensure that the customers of Irish Water are provided with...

Written Answers — Department of Jobs, Enterprise and Innovation: Departmental Expenditure (6 Nov 2014)

Richard Bruton: Recruitment of staff to my Department is ordinarily conducted through the Public Appointments Service (PAS), and where relevant through the redeployment mechanism introduced by Government to manage the reduction of numbers employed in the public sector in recent times. Across the Department and its Offices, the only instance of use of an employment agency relates to the provision to the...

Written Answers — Department of Jobs, Enterprise and Innovation: Departmental Expenditure (6 Nov 2014)

Richard Bruton: Recruitment of staff to my Department is ordinarily conducted through the Public Appointments Service (PAS), and where relevant through the redeployment mechanism introduced by Government to manage the reduction of numbers employed in the public sector in recent times. Across the Department and its Offices, the only instance of use of an employment agency relates to the provision to the...

Written Answers — Department of Jobs, Enterprise and Innovation: Construction Contracts (5 Nov 2014)

Richard Bruton: I propose to take Questions Nos. 83 to 85, inclusive, together. The Government approved the transfer of responsibility for implementation of the Construction Contracts Act 2013 to Minister for Business and Employment, Ged Nash , TD, from 20thOctober 2014. The commencement of the Construction Contracts Act 2013 is dependent on a number of factors contained within the Act itself. These...

Written Answers — Department of Jobs, Enterprise and Innovation: Registered Employment Agreements (5 Nov 2014)

Richard Bruton: I propose to take Questions Nos. 86 and 87 together. I am aware that the striking down of the Registered Employment Agreement system by the Supreme Court in 2013 has resulted in an element of uncertainty in relation to pay and other conditions of employment in those sectors previously covered, including the Construction sector. That is why, having considered the legal advice from the...

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