Results 4,741-4,760 of 6,412 for speaker:Gerald Nash

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 22:In page 30, after line 23, to insert the following:“Amendment of section 1 of Industrial Relations Act 1976 42. Section 1 of the Industrial Relations Act 1976 is amended by the substitution of the following definition for the definition of “agriculture”:“ ‘agriculture’ means—(a) the production of animals (other than...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 23:In page 30, after line 23, to insert the following:“Amendment of section 23 of Act of 1990 43. The Act of 1990 is amended in subsection (1) of section 23—(a) by the insertion of “(or, where the employment has ceased, worked under)” after “has entered into or works under”, and (b) by the insertion of the following paragraph...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I thank the Deputies for their contributions and accept their bona fides on this issue. We all want to see effective enforcement and high levels of compliance with the law. Like the Revenue Commissioners, the Health and Safety Authority and other State agencies, NERA takes what might be described as a risk-based approach to its inspections and investigations. There are particular sectors...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: Amendment No. 13 from Deputy Tóibín seeks to provide a role for trade union officials in the enforcement of registered employment agreements, registered employment orders - which are more correctly entitled sectoral employment orders - and employment regulation orders. The amendment would also provide for the Minister making regulations providing for a right of access to trade...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 12:In page 17, line 4, to delete “under Part 4 of the Act of 2015” and substitute “under section 22”.Section 19 of the Bill provides for anti-penalisation measures to protect a worker who invokes any right conferred on him or her by the Act or takes other specified actions under the Act. An amendment introduced on Committee Stage provided...

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: No.

Industrial Relations (Amendment) Bill 2015: Report Stage (Resumed) and Final Stage (25 Jun 2015)

Gerald Nash: Amendment No. 10 seeks to include a prohibition on blacklisting of a worker in the anti-victimisation provisions in section 19 for workers covered by a sectoral employment order, SEO. We can all agree that blacklisting of persons, for whatever reason, is an abhorrent practice, particularly regarding people exercising their rights regarding their remuneration or terms of employment. If there...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: One of the purposes of reintroducing sectoral employment orders is to ensure fair and competitive but decent rates of pay in sectors of our economy which, many would argue, are entitled to higher rates of pay reflecting the skills and experience of the workers. It will be fundamental to the work of the Labour Court and the parties to consider all of these points. This is reflected in the...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: Amendment No. 7 seeks to require the Labour Court to attempt to get the consent of both parties to a registered employment agreement, REA, before the court makes an order providing for its variation. It is important to set out in some detail the precise provisions in section 8 which provide for the procedures to be followed for a variation of a REA. In circumstances where all parties to the...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: Section 12 provides for a definition of “remuneration” for the purposes of a Labour Court recommendation with regard to the terms of a sectorial employment order, SEO. The definition is based on the definition of “remuneration” included in the Protection of Employees (Temporary Agency Work) Act 2012. The definition includes basic pay and a list of other elements...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: The law requires that pension funds are managed and that trustees operate in such a way that decisions are made in the best interests of equitable outcomes for everyone involved in the scheme. It is not about increasing profits and the trustees of pension schemes do not operate on that basis. They operate on the basis of the interests of the current and future members of the scheme. It is...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: Clearly, the issue of access to the Pensions Authority under section 54 by retired workers, deferred members and so on is new. It is a very positive development and I am confident it will deliver a fair and equitable outcome. I am not aware of cases that have been brought to the attention of the Pensions Authority at this point. I was happy to support the Tánaiste's view that this was...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: I am thankful for the opportunity to respond to the proposed amendments from colleagues. Amendments Nos. 5, 6, 16 and 18 all deal with the issue of access by retired persons to the industrial relations machinery of the State. Deputy Calleary's two amendments seek to address this by providing the definition of "worker" under the 1990 Industrial Relations Act, including retired persons. I am...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 1:In page 5, line 12, after “2015” to insert “and certain other enactments”.The amendment amends the Long Title of the Bill to reflect the amendments now proposed to the Industrial Relations Acts in particular.

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 2:In page 5, after line 29, to insert the following:“ “Act of 1946” means the Industrial Relations Act 1946; “Act of 1990” means the Industrial Relations Act 1990;”.The purpose of amendments Nos. 2 and 4 is to provide that the definitions of "Act of 1946" and “Act of 1990” apply to the full Act rather than just Part...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 3:In page 6, between lines 6 and 7, to insert the following:“Repeals 4. The following provisions are repealed:(a) section 10 of the Industrial Relations Act 1969; (b) section 23(1)(d) of the Act of 1990; (c) subsections (2), (5) and (6) of section 23 of the Act of 1990; (d) sections 51 to 54 of the Act of 1990.”.The amendment repeals a number of...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: As it stands, the legislation would allow for changes to be made to the definition of "worker" in certain circumstances by statutory instrument or secondary legislation. Our advice is that it is unsafe and it is right and proper that any change to the definition would be made in primary legislation. I will deal with the pensions and access issue later further to the amendments the Deputy...

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: No.

Industrial Relations (Amendment) Bill 2015: Report Stage (25 Jun 2015)

Gerald Nash: I move amendment No. 4:In page 6, to delete lines 13 and 14.

Industrial Relations (Amendment) Bill 2015: Order for Report Stage (25 Jun 2015)

Gerald Nash: I move: "That Report Stage be taken now."