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Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Resourcing and Capacity of the Workplace Relations Commission: Discussion (20 Oct 2021)

Louise O'Reilly: I thank Mr. O'Brien for that response. In his opening statement Mr. Kelly referenced that to date, 20 prosecutions have been brought against fishing vessel owners relating to offences under employment legislation. That is in the context of 170 vessels. I am interested to hear about repeat offenders. Mr. O’Brien outlined that the provision that exists for repeat offenders to be...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Resourcing and Capacity of the Workplace Relations Commission: Discussion (20 Oct 2021)

Louise O'Reilly: Okay. I appreciate Mr. Kelly is reluctant to say but surely the penalty must hit them in the pocket as otherwise they will not hear the message. Does Mr. O'Brien have a view on what would constitute a sufficiently dissuasive level of penalty to discourage employers who do not seem capable of doing the right thing in some instances?

Partnership and Cooperation Agreement between the European Union and the Republic of Singapore: Motion (19 Oct 2021)

Louise O'Reilly: I thank the Acting Chair for the opportunity to speak on this important motion. The trade agreement between EU member states and the Republic of Singapore has been in place for some time now. I know from observation of the debate on this agreement in the Select Committee on Foreign Affairs and Defence last week that the Minister of State believes it to be working very well. As with all...

An tOrd Gnó - Order of Business (19 Oct 2021)

Louise O'Reilly: On 21 September, the Tánaiste, Deputy Leo Varadkar, said that pay increases are happening across the economy. I would heavily and heartily dispute that but I can tell the Taoiseach it is most definitely not happening in the security industry. I want to ask for an update on the status of the State’s defence of the court challenge taken against the employment regulation order,...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: If I could, I wish to speak on my amendment that was ruled out of order. We have discussed this previously. The amendment I proposed has been ruled out of order, but I ask that the Minister of State would give some consideration to the evidence provided in a written submission by Professor Deirdre Ahern. She maintains it is not good practice for a one-person authority to exist and that we...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: My difficulty is not so much with the upper limit of three; it is with the floor, rather with the ceiling. One member is provided for but it would be better to start with a higher number there. I appreciate that this can be revisited, which is welcome. I just wonder about the circumstances that will cause it to be revisited. We will have an opportunity to increase the number at later...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I move amendment No. 2: In page 12, line 34, to delete “6 months” and substitute “8 weeks”. I think Deputy Bruton had indicated earlier to come in on something else. The Chair might have missed him. The purpose of the amendment is to reduce the duration that a person can act up from six months to eight weeks. It is reasonable that somebody should act up....

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I accept that. The Minister of State's clarification is welcome. It is good to know that he will be keeping a close eye on this. With regard to the powers the person has, it is tough for someone who is acting up to have all the authority because he or she is only in the position on an acting basis, if the Minister of State knows what I mean. There is nothing specific in the legislation...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I move amendment No. 3: In page 17, between lines 28 and 29, to insert the following: “(fa) the Central Bank,”. This is a simple amendment. I do not understand why the Central Bank is not included on the list of organisations that should disclose relevant information to the authority, specifically with regard to breaches of company law codes. When I read the Bill first,...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: That is fair enough. I am happy to withdraw the amendment on that basis and we will get an update on Report Stage from the Minister of State in this regard. I appreciate that all the amendments are in my name, but it is not my intention to try to delay the legislation in any way. I am genuinely trying to be constructive, as is everybody in this Committee and in the Dáil. We want the...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I move amendment No. 4: In page 26, to delete lines 23 to 37. I refer to my earlier remark that I am not trying to delay the Bill. This is a matter I raised on Second Stage and in the pre-legislative scrutiny, and I feel very strongly about it. I do not know why we are going to anonymise the details of offenders. I do not know what the benefit is. I am sorry, that is not quite true as...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: The Minister of State has said that the director would determine anonymity, which is fair enough. In addition, I am aware that the legislation simply renumbers and transposes EU legislation. Is he saying that the director cannot seek anonymity or, should they seek it, that is to be disregarded? Can a director seek anonymity but ultimately the decision to grant it or otherwise is only given...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I thank the Minister of State. I do not think it is a good idea that anonymity could be sought because people will fight for it. Is it the sole responsibility of the director of the authority? I have expressed my views on the capacity for directors to keep their names out of the papers and the disparity between some poor young fella walking around who has been done for the possession of a...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I withdraw my amendment on the basis that the Minister of State will seek clarity and get back to me.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I move amendment No. 5: In page 27, to delete lines 5 to 12. My amendment concerns limitations on imposing monetary sanctions on relevant directors. It states that the authority may not impose on a director a monetary sanction that would make him or her bankrupt. It provides that only one monetary sanction may be imposed where more than two breaches of the same conduct have occurred. ...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: The Minister of State referred to the principle of proportionality, but the protection afforded to company directors in this instance is entirely disproportionate. There is concern. I appreciate that the Minister of State set out to address my concerns but he did not manage to do so. I do not mean that disrespectfully. I am concerned that the measure could act as a deterrent. A company...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: Nobody has sought to have no sanctions imposed on the basis that they might make him or her bankrupt.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: No one has been sanctioned. Does that mean people have used the threat that sanctioning might make them bankrupt? I am sorry if I am not being clear. I am trying to ascertain the number of company directors who invoked the clause and were in a position not to have financial sanctions imposed on them under the current arrangements.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: Then one would have to question why we need the provision at all. I welcome the clarification that it has not been used to date. However, I still have a serious issue with it because, where there is a transgression, it could be used to assist in ensuring a company director would not have financial sanctions imposed on him or her. To me, that is a grave concern.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Louise O'Reilly: I have made my position on this one clear. I am concerned and remain so. The favourable treatment of company directors over others, or the perception thereof, is the matter in question. I appreciate that there are administrative sanctions. I realise we are not talking about the courts but about administrative sanctions. Regardless of who imposes them, there is the possibility of someone...

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