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Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: There has not.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: How?

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: No. I am sorry, I actually do not.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: The Bill was amended on Committee Stage. This was untested, not scrutinised and not discussed with any of our unions, social partners or employer organisations. The amendment was brought in by Deputy Clare Daly on Committee Stage. It was passed and I lost. The reason it was removed, when I brought an amendment back, was not because I said it would not work and did a little dance and said...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: The point I was trying to make was that nobody has ever brought a case, so it does not matter whether it is in private or not.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I am sure that, as a solicitor, Senator Ardagh knows that all of the hearings of the WRC are held in private.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: Only about 20% of the cases that go to the WRC are brought to the Labour Court. I acknowledge what the Senator is saying. As I said to Senator Craughwell earlier, if we have a body of work to do in order to convince people who may be afraid, I assure them that they have absolutely nothing to fear. All of the WRC cases are taken in private and only 20% of the cases are taken or appealed to...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: The bands are so effective because not only is there a look-back at the previous 21 months, there is also the security of the position being set for the following 12 months. Once a person has been placed on a band of hours, he or she can never be given fewer hours. He or she can always be given more hours, which would have to be reflected in the next look-back in order to bring the person...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I would say that was a minority but that is just my opinion.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: The Senator is grand. I might not be here.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I do not know how to respond. I want to say "Yes" to the Senator but I cannot do so yet because I have to check. This shows that one would clearly know I am not in charge. I cannot put a report into legislation. I cannot do it. This is primary legislation. I am not trying to be smart but I will not stand here and make a promise to the Senator that I am going to put something into the...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: That does not make it a good practice.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: We have gone all around the world. I hope we will end up with an agreement. I will not come back on Report Stage. I will write to the WRC in the morning asking it to review the statutory code of practice of the Organisation of Working Time Act. I will give Members copies of the letter. I will not do what Members normally insist on in the course of the social welfare Bill, which is to put...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I think the WRC will not have any choice because it does not have anything to review given that no case has been taken. It would involve the WRC talking to the social partners, including employers. I will write that letter in the morning.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I am bringing forward this amendment to slightly change the drafting of the table of bands in section 16. This will sound really Irish: we are slightly changing it but we are not altering it. Senators might not be aware that the table currently in the Bill resulted from a Sinn Féin amendment on Committee Stage in the Dáil. While I had concerns at the time I have been won over to...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I am pleased to have an opportunity to respond to the question. First, it is unusual that when we average out the hours for where somebody would fall that it would be exactly on, for argument's sake, six hours, it is more likely when one averages out hours that somebody would have five and a half hours or six and a half hours so it would be clear and unambiguous. However, if it did fall on...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: No, I can only thank God that it was not me that ruled the amendment out of order.

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I propose the deletion of section 20. On Report Stage, I noted that while I am in full agreement with Deputy O'Dea's wish to tackle bogus self-employment, from a policy perspective the Bill is not the place to do that. We need proper hearings at the joint committee or public consultation. In the meantime, we have beefed-up and changed how we do our inspections in the Scope division. I...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: I was remiss in not mentioning something and thank Senator Warfield for reminding me. The joint committee has already started its hearings. Officials from my Department were the first group to be invited in, although I do not believe they were too pleased about that. Nevertheless, there was a robust set of hearings. We need to sit down collectively and discuss areas such as unannounced...

Seanad: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (4 Dec 2018)

Regina Doherty: The Senator will know what I mean.

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