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Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: I do. Section 2 defines, in our opinion, an employment relationship and seeks to make exceptions for those who are genuinely self-employed, in other words, who are in business of their own account. I understand what the Minister is saying in that additional work may need to be done on that to tighten it up but she understands the intention of the section and all of the language around that....

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: Yes.

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: I took the time in recent days to reflect on comments the Minister made in her reply to me on Second Stage in February 2018 when we were in the eye of the storm. It was the day of the big snow and we were all anxious to leave this place early and get back safely to our homes. The Minister expressed some concerns about the impact on what we describe as intermediary arrangements and expressed...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: Neither do I. Senator Craughwell went to the heart of the issue. I have said time and again there should be clear tests in law that should determine somebody’s employment status and, with respect, it should not just be someone’s opinion. All the circumstances of the arrangement need to be looked at, not merely at what it states in a contract and what somebody is prepared to...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: I thank the Minister for her reply. She has been consistent in her position. She said the same thing to me in her reply on Second Stage on 12 February 2018. We are trying to find a way to stamp out this egregious practice. We all know that rogue employers and tax cheats in many ways only understand one language, which is the language of serious penalties, fines and sanctions up to and...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: In all my consideration of these matters over the years, I always felt it was appropriate and I know the trade union movement - Connect, SIPTU and many others - are adamant that a route to the WRC is required where an complaint can be made and an adjudication officer can consider it based on the tests we are applying through this legislation and make a determination on somebody's employment...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: In response to the Minister, the WRC has experience in related matters. I am aware of many cases taken by trade unions on behalf of members who were considered to be falsely self-employed. One case involved redundancy payments. Broadly speaking, the WRC adjudication officers are quite experienced and have the nous to deal with issues like this.It is a matter that I know we do not have...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: I thank the Minister for her kind comments and I really appreciate them. They are generous, honest and honourably extended.

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: I thank the Senator and I also appreciate his comments. This is a fundamental matter for our society, as people define themselves by the work they do. It is a definition of status in society and their contribution to their families and community. I hope the message coming from everybody in this House is that it is completely unacceptable for people to be put into precarious and insecure...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Committee Stage (27 Mar 2019)

Gerald Nash: Next Tuesday.

Seanad: Sea-Fisheries (Amendment) Bill 2017: Report and Final Stages (26 Mar 2019)

Gerald Nash: Yes.

Seanad: Sea-Fisheries (Amendment) Bill 2017: Report and Final Stages (26 Mar 2019)

Gerald Nash: I regret that we are in this difficult situation. I do not believe we would be in this position if the opportunities outlined by Senator Mac Lochlainn had been taken up by the Minister and his officials in the past two years. We have had almost two years to reflect on this issue. The Cathaoirleach or the Minister can correct me if I am wrong but I understand the matter dates back to the...

Seanad: Sea-Fisheries (Amendment) Bill 2017: Report and Final Stages (26 Mar 2019)

Gerald Nash: I second the amendment.

Seanad: Sea-Fisheries (Amendment) Bill 2017: Report and Final Stages (26 Mar 2019)

Gerald Nash: Can I say something?

Seanad: An tOrd Gnó - Order of Business (14 Mar 2019)

Gerald Nash: I support the proposal made by Senators Ardagh and Mac Lochlainn. I will not rehearse all the arguments that we will put forward later on but I agree entirely with Senator Mac Lochlainn's comments. Two years ago the Minister sought to give legal effect to a voisinageagreement that was found to have a weak legislative underpinning in terms of its operation over the decades. It is entirely...

Seanad: An tOrd Gnó - Order of Business (14 Mar 2019)

Gerald Nash: Hear, hear.

Seanad: An tOrd Gnó - Order of Business (14 Mar 2019)

Gerald Nash: It is what I am saying, Leader.

Seanad: An tOrd Gnó - Order of Business (14 Mar 2019)

Gerald Nash: Dundalk fishermen should have more rights than County Down fisherman to fish in Republic of Ireland waters.

Seanad: Sea-Fisheries (Amendment) Bill 2017: Committee Stage (Resumed) (14 Mar 2019)

Gerald Nash: I am not entirely sure where Senator Norris left off

Seanad: Sea-Fisheries (Amendment) Bill 2017: Committee Stage (Resumed) (14 Mar 2019)

Gerald Nash: Senator Norris had asked me to move an amendment and if it is in order, I propose to move it now. The Cathaoirleach is telling me it has already been moved.

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