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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."

National Minimum Wage (Low Pay Commission) Bill 2015 [Seanad]: Referral to Select Committee (24 Jun 2015)

Gerald Nash: I move:That the Bill be referred to the Select Committee on Jobs, Enterprise and Innovation pursuant to Standing Orders 82A(3)(a) and (6)(a) and 126(1) of the Standing Orders relative to Public Business.

National Minimum Wage (Low Pay Commission) Bill 2015 [Seanad]: Second Stage (24 Jun 2015)

Gerald Nash: I thank Deputies Broughan and Calleary and all those who made what were largely constructive contributions. I welcome the general expression of support voiced for the main objectives of the proposed legislation. Setting up the statutory Low Pay Commission is, as I have said time and again, about taking much of the politics out of the setting of the minimum wage. That reference I make is...

National Minimum Wage (Low Pay Commission) Bill 2015 [Seanad]: Second Stage (24 Jun 2015)

Gerald Nash: I move: "That the Bill be now read a Second Time." I am pleased to introduce the National Minimum Wage (Low Pay Commission) Bill 2015. Given the purpose of the Bill, it is also worth taking stock of the progress we are making more generally in terms of our economic recovery. Over 100,000 extra jobs have been created since the start of 2012, when the Government's Action Plan for Jobs was...

Written Answers — Department of Jobs, Enterprise and Innovation: Company Closures (24 Jun 2015)

Gerald Nash: I anticipate completing a report shortly as requested by the Taoiseach, to further inform Government on progress to date in supporting the workers, setting out the sequence of events as I understand them, and on a number of issues arising from the closure of Clerys. It will be a matter for Government to consider developments to date in what is an evolving situation, certain aspects of which...

Order of Business (23 Jun 2015)

Gerald Nash: Deputy Mattie McGrath is sitting on it and talking out of it as well.

Ceisteanna - Questions (Resumed): World Economic Forum (23 Jun 2015)

Gerald Nash: We are enhancing employment. The ILO said it. Deputy Adams is misleading the House.

Written Answers — Department of Jobs, Enterprise and Innovation: Employment Rights (23 Jun 2015)

Gerald Nash: I propose to take Questions Nos. 305 and 306 together. The Protection of Employment Act 1977 implements Council Directive 75/129/EEC on the approximation of the law of Member States relating to collective redundancies. The purpose of Part II of the Protection of Employment Act 1977 is to facilitate consultation and notification between employers and employees in instances of...

Written Answers — Department of Jobs, Enterprise and Innovation: Job Losses (23 Jun 2015)

Gerald Nash: The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation. The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial...

Select Committee on Jobs, Enterprise and Innovation: Industrial Relations (Amendment) Bill 2015: Committee Stage (18 Jun 2015)

Gerald Nash: I move amendment No. 1:In page 5, line 18, to delete “other than section 35” and substitute “other than sections 23 and 35”. Amendment No. 1 is a technical amendment to insert a reference in the new section 23, to be proposed in amendment No. 24, and which provides an amendment to the Workplace Relations Act 2015. This amendment excludes section 23 from the...

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