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Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: This is about specificity. It is worth remembering that when we pass legislation to allow for regulations to be made, that represents the Oireachtas giving power to the Minister and that is one of those key provisions.This is us giving power to the Minister in respect of regulations. It is power that is held within the Oireachtas that is transferred to the Minister almost on trust of...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: There is some correspondence between this amendment and mine on contracted services and who is considered an employee. It is an attempt to provide clarity in that issue.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 29: In page 5, line 29, to delete “may” and substitute “shall”. I reserve the right to reintroduce this on Report Stage.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 30: In page 7, line 15, to delete “may” and substitute “shall”. I reserve the right to reintroduce this on Report Stage.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 31: In page 7, line 21, to delete “may” and substitute “shall”. I reserve the right to reintroduce this on Report Stage.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 32: In page 8, line 12, to delete “may” and substitute “shall”. I reserve the right to reintroduce this on Report Stage.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 33: In page 8, after line 38, to insert the following: “(11) The Minister may set out in regulation such financial penalties as are deemed appropriate where a concerned person does not comply with the provisions of section 20A.”. We mentioned the carrot earlier, but some of these amendments relate to the stick, so there is a combination. They refer...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I commend the Irish Human Rights and Equality Commission, IHREC, and note its capacity and responsibilities are growing, but I strongly recommend that its resources and funding grow commensurate with that. Its brief is very wide now and it has an extraordinary level of responsibility, including in terms of the UN Convention on the Rights of Persons with Disabilities, UNCRPD, and so many...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 34: In page 8, after line 38, to insert the following: “(11)The Minister may set out in regulation such financial or other penalties as are deemed appropriate where a concerned person does not comply with the provisions of section 20A.” I will withdraw this amendment.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 35: In page 8, after line 38, to insert the following: “(11) The Minister may by regulation specify circumstances in which a company shall be required to provide evidence of compliance with section 20A.”. It is important these amendments are not grouped with the previous ones because they are not directly designed as a penalty but rather as a...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I had pretty much concluded and I am looking forward to the Minister's response.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I will briefly respond, particularly in respect of amendment No. 36. The issue is that much legislation has come through this House regarding financial supports for business and the business sector. It is reasonable we seek to ensure best practice from those who are receiving financial supports, loans and grants and who may, for example, be eligible for projects under the recovery and...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 36: In page 8, after line 38, to insert the following: “(11) The Minister may by regulation specify circumstances in which a company shall be required to provide evidence of compliance with section 20A, which may include: (a) application for public grants, funds or loans, and (b) submission of tender for public contracts.”. I ask for an...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I second the amendment.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: My amendment No. 38 is grouped with this. I urge the Minister to consider engaging with this amendment on Report Stage. We have mentioned, and I welcome, the fact that he has increased the range of power from the Circuit Court to the High Court in respect of the Irish Human Rights and Equality Commission. However, while compliance and the consequence for non-compliance, which is the Irish...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I recognise those points but I still believe that there is a need for a stronger provision because, unfortunately, compliance orders are not always complied with. This is a fact, so I am concerned in that regard. I recognise and welcome the provisions relating to the High Court and, in particular, those relating to the employee being able to initiate action. These are really strong...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 38: In page 9, between lines 20 and 21, to insert the following: "(4) The Minister may set out in regulation such financial or other penalties as are deemed appropriate where a concerned person does not comply with a compliance order issued under section 85B within 12 months of the date of such a compliance order.". I will withdraw my amendment and submit a new...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I will make the very simple point. Given that this Bill will probably return very briefly to the Dáil simply to confirm the acceptance of this amendment, there is no reason, in terms of timeliness or whatever, not to consider including some short and, in particular, non-controversial amendments. I would even look to some of those relating to the use of the terms "may" and "shall" or...

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: Senator Bacik previously indicated to the acting Clerk of the Seanad that I would move amendment No. 40 on her behalf.

Seanad: Gender Pay Gap Information Bill 2019: Committee Stage (21 Jun 2021)

Alice-Mary Higgins: I move amendment No. 40: In page 11, line 7, after "request." to insert "This subsection is without prejudice to the entitlement of the Commission to exercise its powers under this section in any such case of its own motion.". This amendment makes it clear that such other powers to act in respect of this section do not impinge on the entitlement of IHREC to exercise its powers or move any...

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