Results 4,941-4,960 of 6,307 for speaker:Gerald Nash

Workplace Relations Bill 2014: Report and Final Stages (12 Nov 2014)

Gerald Nash: There is an obligation on the WRC to make employees aware of their rights and employers aware of their obligations under employment law. Amendments Nos. 10 and 11 would add an unnecessary burden on employers for little practical benefit to employees. Employers could be required to reproduce and somehow display in the workplace the equivalent of the bulk of the material available on, for...

Workplace Relations Bill 2014: Report and Final Stages (12 Nov 2014)

Gerald Nash: Even though these amendments have been ruled out of order, I will be satisfied to address the substantive and substantial issues that have been raised by the Deputies. I might be responsible for many things, but I am not responsible for the decision to rule them out of order. While I recognise that amendment No. 3, in the names of Deputies Tóibín and Wallace, is out of order, I...

Workplace Relations Bill 2014: Order for Report Stage (12 Nov 2014)

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

Workplace Relations Bill 2014: Instruction to Committee (12 Nov 2014)

Gerald Nash: I move:That, pursuant to Standing Order 177, Standing Order 131 is modified to permit an instruction to the Committee to which the Workplace Relations Bill 2014 may be recommitted in respect of certain amendments, for which it has power to make provision in the Bill in relation to—(a) an amendment to the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 by the...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: It has always been the case that apprentices would have a different rate of pay from qualified workers. That has been the case right across the system for many years. There is nothing new in that in terms of apprentices and established workers.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: There is nothing new in respect of that. It will be more accurately codified in the Bill when published. I understand where the Senator is coming from and it is something that will be mentioned in the context of the stakeholder consultation with the Irish Congress of Trade Unions in particular.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: Does the Deputy mean the mechanisms across the European Union?

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: Yes, and also from a competitiveness point of view. We take into account the arrangements in states across the European Union and particularly those closer to us. Traditionally we have had particular processes and wage-setting mechanisms here. I note that the UK decided to rid itself of those a number of years ago. We feel it is in the public interest. The test applied to harmonious...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: It can enter an enterprise-level agreement. One of the important provisions of this Bill is the establishment of that sort of approach, where individual enterprises can come to an agreement and register it with their own workers. That addresses one of the deficits identified through the courts in respect of deficiencies in previous legislation. I agree completely with the Senator when he...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: Senator Cullinane made a general point about the deficiencies in the legislation or deficiencies identified by the superior courts in the past. The reason we are reconstructing some of those systems, to a point, is that we believe it is in the public interest and the common good to do so and that it gives everybody consistency regardless of whether they are employers or employees. A series...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: In terms of principles and policies that would be provided for in the legislation, it will certainly be robust enough. As an expert body, a court must have that space to make those decisions based on the evidence it has.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: I have no difficulty considering any request from the committee to attend again. If members feel it is helpful to address issues various stakeholders discuss here, I have no difficulty considering the matter. I note in that regard that the legislation is a priority as the members will find from the stakeholders who come before them over the duration of the pre-legislative period. They see...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: I am satisfied we can address those sometimes competing demands. I appreciate where the Senator is coming from and understand where he sits on this. Some have argued that the re-introduction of wage-setting mechanisms is somehow anti-competitive, but this is about standards also. It is about standards of training and the retention of workers. There has always been a premium for skilled...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: I thank the Deputy for his comments. I know that he understands from his own experience how complex this area can be. The progress through the courts of wage setting mechanisms in the past few years has been interesting. The former joint labour committee system was essentially struck down by the High Court in 2012 and the registered employment agreement system in 2013. The Government has...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: If the Deputy recalls, there is a similar provision in the National Minimum Wage Act, 2000 which, in fact, has not been invoked, as far as I can recall, by any employer. The tests are stringent, properly so. This should not be allowed, for example, to distort competition. There is a very clear provision in the heads in that regard. Anybody seeking a derogation of any description will have...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: This is about standards in the industry. We have reached the stage where through the consultation process employers and trade unions, broadly, agree that we should put in place a new system to replace the old one but which would be more constitutionally robust and deliver the fairness employees expect. The requirement to have certain rates of pay for standards of qualification is important,...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of Industrial Relations (Amendment) Bill 2014: Discussion (11 Nov 2014)

Gerald Nash: I appreciate the opportunity to come before the joint committee to present the general scheme of the Industrial Relations (Amendment) Bill 2014 for the purposes of pre-legislative scrutiny, an important stage of the process. As the committee knows, the general scheme of the Bill was approved by the Government last July. The scheme, together with the regulatory impact assessment, has been...

Other Questions: National Minimum Wage (16 Oct 2014)

Gerald Nash: With limited specified exceptions, such a close family members, statutory apprentices and participants on JobBridge, the National Minimum Wage Act applies to all employees. The Act defines employee as a person of any age who has entered into, or works or has worked under, a contract of employment. A contract of employment means a contract of service or apprenticeship or any other contract...

Other Questions: National Minimum Wage (16 Oct 2014)

Gerald Nash: The Deputy has raised a serious matter and I am glad she took the opportunity to put it on record. I have a personal interest in this area and keep an eye on trends of enforcement and prosecution. I understand NERA has carried out an inspection with regard to the issue raised by the Deputy. It is important that there is a strong message from the Parliament that, where there are suspected...

Other Questions: National Minimum Wage (16 Oct 2014)

Gerald Nash: NERA works closely with employers and uses every opportunity to ensure employers are aware of their legal obligations and the legislative area that is of interest to me. It is important that employees, trade unions and public representatives remain vigilant about cases brought to our attention to use the appropriate channels to have these serious matters investigated and decided upon.