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Written Answers — Department of Jobs, Enterprise and Innovation: Employment Rights (2 Feb 2016)

Gerald Nash: The Deputy will appreciate that I cannot provide legal advice in relation to an individual’s employment rights situation but I can provide general information that I hope will be of assistance. The Protection of Employees (Fixed-Term Work) Act 2003 provides that a fixed-term contract employee shall not be treated less favourably than a comparable permanent employee in respect of...

Written Answers — Department of Jobs, Enterprise and Innovation: Health and Safety Regulations (2 Feb 2016)

Gerald Nash: The provisions of occupational safety and health legislation on the control of asbestos apply with respect to the protection of workers at their place of work and are primarily focused upon prevention. The requirements of the Safety, Health and Welfare at Work Act, 2005 (No. 10 of 2005) and the Safety, Health and Welfare at Work (General Application) Regulations, 2007 to 2016 apply and must...

Seanad: Credit Guarantee (Amendment) Bill 2015: Committee Stage (28 Jan 2016)

Gerald Nash: I recall Senator White's party colleague, Deputy Dara Calleary, made an identical proposal on Committee and Report Stages in the Dáil. I am not accepting it because this specific area is not appropriate for such legislation. While we foresee a strong role for the Strategic Banking Corporation of Ireland, SBCI, particularly in the operation of counter-guarantees, the Strategic Banking...

Seanad: Credit Guarantee (Amendment) Bill 2015: Committee Stage (28 Jan 2016)

Gerald Nash: This was also raised in the Dáil by Senator White's party colleague, Deputy Dara Calleary. On Committee Stage in the Dáil, I introduced a comprehensive new Part 3 containing provision for the SBCI to work with the Minister through this legislation to continue to enhance the provision of credit to SMEs. It also provides a role for the Minister to be able to give counter-guarantees...

Seanad: Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (28 Jan 2016)

Gerald Nash: I thank Senators for their consideration of this Bill and constructive contributions, as well as those of my Dáil colleagues. As regards the original 2012 legislation, the Government faced an economic and employment crisis and the plight of SMEs was never far from its mind. SMEs account for most employment in this country and were starved of finance, a major challenge for the incoming...

Seanad: Credit Guarantee (Amendment) Bill 2015: Second Stage (26 Jan 2016)

Gerald Nash: When we took office in 2011, the programme for Government prioritised action to achieve access to finance for every business, finance which was needed for working capital and to feed investment, expansion, growth and job creation. In spite of recent progress, good access to finance for business remains very high on the agenda of Irish SMEs in the context of national competitiveness, with a...

Seanad: Credit Guarantee (Amendment) Bill 2015: Second Stage (26 Jan 2016)

Gerald Nash: I thank colleagues for their contributions. I am very pleased to sponsor the Bill and to have taken responsibility for the legislation when I took office approximately 18 months ago. This is a necessary Bill to assist our small and medium enterprises, SMEs, as best we can. We reviewed the operation of the scheme quite early in its existence and accepted what the independent review...

Written Answers — Department of Jobs, Enterprise and Innovation: Legislative Measures (26 Jan 2016)

Gerald Nash: The Government is committed to the earliest possible implementation of the Construction Contracts Act, 2013 and in order to achieve this, approved the delegation of responsibility for its implementation to me as Minister for Business and Employment. I am taking all the necessary steps to bring about implementation of the legislation and significant progress has been made to date. I...

Confidence in Tánaiste and Minister for Social Protection: Motion (Resumed) [Private Members] (20 Jan 2016)

Gerald Nash: Done.

Confidence in Tánaiste and Minister for Social Protection: Motion (Resumed) [Private Members] (20 Jan 2016)

Gerald Nash: I will not dignify this contrived and shambolic attempt to occupy the moral high ground with a response of any great length. I was named yesterday by Deputy Finian McGrath as someone who had used a "get-out clause to make appointments". I want to make some points in reply to that charge. They do not have a party Whip in Deputy Finian McGrath's new group, but the Independent Alliance...

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 6: In page 19, after line 28, to insert the following: "PART 4 UNRELATED MISCELLANEOUS AMENDMENTS TO OTHER ENACTMENTS Amendment of section 101 of Employment Equality Act 1998 17. Section 101 of the Employment Equality Act 1998 is amended by the insertion of the following subsection: “(4A) (a) Where an employee refers— (i) a case or...

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 7:In page 19, after line 28, to insert the following:“Amendment of section 34 of National Minimum Wage Act 2000 18. Section 34 of the National Minimum Wage Act 2000 is amended, in subsection (6) (inserted by section 52(1) of, and Part 1 of Schedule 7 to, the Workplace Relations Act 2015), by renumbering that subsection as subsection (7).".

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 8:In page 19, after line 28, to insert the following:“Amendment of Workplace Relations Act 2015 19. The Workplace Relations Act 2015 is amended—(a) in section 37, by the insertion of the following subsection:“(3) This section shall not apply in relation to an offence committed, or alleged to have been committed, before the commencement of this...

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 9:In page 19, after line 28, to insert the following:“Amendment of section 916 of Companies Act 2014 20. Section 916 of the Companies Act 2014 is amended, in subsection (1), by the substitution of "section 915(1)" for "section 915(2)".".

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: In the House last November I stated the Government's view that finance was the lifeblood of every business and, in particular, was essential for working capital and in feeding investment, expansion, growth and job creation. The Government has focused on all of these elements in the past five years and the results are now being seen the length and breadth of the country. In 2012 the...

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: In regard to Deputy Calleary's amendment No. 5, we debated the role of the SBCI on Second Stage and Committee Stage. In the course of the latter, I introduced a comprehensive new Part 3 to the Bill. This contains provision for the SBCI to work with the Minister through this legislation to continue to enhance the provision of credit to SMEs and to provide a role for the Minister to be able...

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 1:In page 3, line 12, after “together;” to insert the following:“to amend the Employment Equality Act 1998, the National Minimum Wage Act 2000, the Workplace Relations Act 2015 and the Companies Act 2014;”. Amendment No. 1 is required to amend the Long Title of the Credit Guarantee (Amendment) Bill 2015 to reflect amendments to the Workplace...

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 2:In page 3, line 18, after “Act” to insert “(other than Part 4)”.

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I move amendment No. 3:In page 3, line 22, to delete “This Act” and substitute “Parts 1 to 3”.

Credit Guarantee (Amendment) Bill 2015: Report and Final Stages (20 Jan 2016)

Gerald Nash: I thank Deputy Calleary for raising this proposed amendment, which he also tabled on Committee Stage. As I indicated then, I am not accepting it because this specific area is not appropriate for such legislation. The Strategic Banking Corporation of Ireland Act 2014 does not empower the corporation to provide for loans direct to SMEs, as the Deputy knows, and any change to this is a matter...

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