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Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: I thank the witnesses for their testimonies. I also thank Dr. de Buitléir for his presentation. The Low Pay Commission has done some very good work. I had wished for adequacy of income to be included in its mandate. That was an unfortunate omission at the time of founding. I regret also that its recommendation in terms of the minimum wage has not been implemented. That is an...

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: On service charges specifically, is Dr. de Buitléir concerned about the proposal that they should be removed from the gratuities classification? Was he surprised to see that in the Government Bill given that it seems to go against the advice the Low Pay Commission gave?

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: The proposal in the Government Bill to remove service charges from gratuities is an example of something Dr. de Buitléir would be concerned about when he mentioned reclassification.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: Dr. de Buitléir mentioned the Workplace Relations Commission. It referred to a code of practice but I understand the opinion of the Low Pay Commission was that a code of practice was unlikely to work. Will Dr. de Buitléir elaborate on the reason the commission believes it would be unlikely to work? Dr. de Buitléir mentioned sectoral agreements. Does he believe a joint...

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: I also asked about a code of practice.

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: Dr. de Buitléir stated that if persons knew a service charge did not go to a staff member, it might change customers' practices. If the Low Pay Commission had known that the requirement to give service charges to staff would be removed, would that knowledge have changed some of the commission's analysis?

Joint Oireachtas Committee on Social Protection: General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion (10 Oct 2019)

Alice-Mary Higgins: I do not think the Minister has used the advice of the Low Pay Commission. In the Bill that she has put forward, she has disregarded the main concern of the commission by reclassifying the service charge to reduce take-home pay. Senator Gavan's definition seems to put down on paper the common understanding of the witness from the Low Pay Commission. I regard this not as a reclassification...

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: My seconder is on the way and should be here shortly. Can I introduce the topic at that point?

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: There are two names on the amendment. I have a formal seconder and I know that to press the amendment I will require a seconder.

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 1:In page 9, line 42, to delete “or submit to”. Amendments Nos. 1 and 8 relate to my concern about the "submit to" language. Again, this is around the tenor and form of engagement. It is one thing to allow an assessment of somebody's needs but submitting to an assessment implies a level of compulsion around what kind of assessment might be involved. For...

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: I regret that the Minister is not able to accept these amendments. I will withdraw them because there is no point in pressing them.

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 2:In page 9, after line 43, to insert the following:"(4) The signing of a personal progression plan shall not be considered a requirement in terms of subsection (3)(a) or (b).". This amendment relates to personal progression plans. Having reviewed the conversation with the Minister on Committee Stage, during which she spoke about the guidelines that currently exist in...

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 3:In page 10, line 27, to delete "prescribed".

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: I have a seconder. The case for this amendment was discussed in the context of amendment No. 1. I am concerned about the tone of the language being used. As I said earlier, a new kind of language is being introduced and I hope this does not lead to a new kind of practice or a change in practice. That is a concern. While I am not going to press all of these amendments, I have a concern...

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: The thing that is being "prescribed" is the particular route of progress - the next development steps and actions - contained within the personal progression plan. It is a little bit of a dicing of the thread to say that the person will be able to agree to the personal progression plan while having his or her next steps prescribed for him or her, given that those steps are set out in the...

Seanad: Social Welfare Bill 2019: Report Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 4:In page 10, line 33, to delete "an" and substitute "any reasonable". These amendments relate to the same issue of divergence in language. People were previously required to show that they would accept any reasonable offer or proposal. The framing of the language implied that there would be a range of offers. The language has changed and people are now being required...

Seanad: Social Welfare Bill 2019: Report Stage (Resumed) and Final Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 6:In page 10, line 38, to delete "prescribed" and substitute "agreed".

Seanad: Social Welfare Bill 2019: Report Stage (Resumed) and Final Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 7.In page 10, line 43, to delete “an” and substitute “any reasonable”.

Seanad: Social Welfare Bill 2019: Report Stage (Resumed) and Final Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 8.In page 11, line 12, to delete “or submit to”.

Seanad: Social Welfare Bill 2019: Report Stage (Resumed) and Final Stage (9 Oct 2019)

Alice-Mary Higgins: I move amendment No. 9.In page 11, line 16, to delete “an” and substitute “any reasonable”.

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