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

Alice-Mary Higgins: I appreciate the clarification.

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

Alice-Mary Higgins: The section does not specify a small employer. The section clearly applies to all employers and if the provisions are removed, the obligation on all employers to provide employees with a statement will be removed. In that case, any employer could simply fail, refuse or decline to provide an employee with a statement. We would gut the effective function of the Act. I recognise Senator...

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

Alice-Mary Higgins: I wish to speak briefly on section 11. I wish to indicate that an area of concern is the protection against penalisation. I welcome that it is there but as I am looking at one issue in that regard. I may come in with thoughts on section 11 and the issue of penalisation on Report Stage. I simply want to note this for Report Stage.

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

Alice-Mary Higgins: I again reserve the right to address the issue of zero hours and work practices on Report Stage for section 15.

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

Alice-Mary Higgins: I was very brief in my initial intervention but since others have expanded, I will give the Minister an indication of the areas of my concern on this section and perhaps a couple of actions that may need to be taken, but which may not need to be legislative. As other Senators have described, this is an area where we are discovering more and more sections that are affected; areas that people...

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

Alice-Mary Higgins: Yes, but the section before us also relates to the issue of English language teachers. This may be an opportunity for the Minister to engage with the Minister for Education and Skills, Deputy McHugh, because I imagine if we raise those issues with her now, she will tell us to talk to him. I ask her to ensure that the English language teacher issue is considered by her Department also. Will...

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

Alice-Mary Higgins: On a technical question, I appreciate the Minister's understanding of the provision for 25% of the contract hours. When we consider a banded contract with a window, perhaps it is a question of where the 25% will apply. Will it be at the beginning of the band or the end? The section provides for an entitlement to 25% of the hours one would have expected to work under one's contract where...

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

Alice-Mary Higgins: Yes, I will. It relates to the hours of compensation when one's working week has been cancelled, and the measures in respect of how that will play out in the new scenario and how it will be tracked. I will, however, discuss the matter with the Minister after the debate.

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

Alice-Mary Higgins: I support my colleague's amendment, which is tabled in good faith. It takes on board the debate in the Dáil and on Second Stage here, where the Minister expressed the concern that hours should not be offered to persons which are not appropriate for their qualifications or to their work. There is a really good State engagement on those issues. If further concerns emerge, I reserve the...

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

Alice-Mary Higgins: I do not mean what I or the Minister might define as "underemployed" when I use that term. It is very positive that we have part-time work. We should probably embrace the concept more. We need to look to quality part-time work. In terms of underemployment, I am speaking to the figures. These figures are from last year so it would be interesting to see how they stack up. The previous...

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

Alice-Mary Higgins: The Minister is expressing concern about the issue at hand. Nonetheless, we face a dilemma here and I see her argument in relation to time. We know how long it takes to get legislation through all Stages but is there scope, since she will be going back to the Dáil in any event, for a Government amendment to be brought in on Report Stage in which she can reserve the right to introduce...

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

Alice-Mary Higgins: To be very clear, I am seeking, in the context of the bands, to ensure that we can be ahead of what might come next.

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

Alice-Mary Higgins: I wish to back up what Senator Ruane said. Reports and reviews are often specified depending on which one is more appropriate to prove the effective operation of a measure. We are dealing with the Employment (Miscellaneous Provisions) Bill and a review is appropriate and would fit with the purpose of the Bill. We know the social welfare Bill, for example, regularly has reports attached to...

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

Alice-Mary Higgins: If we have an election the Minister might get a promotion, yet we would be reassured that the review has been legally put on the agenda and that it will continue regardless of the formation of the Government. That is what is being sought and it is a reasonable request. I accept the Minister has to make a change in terms of how it is done and I urge her to consider it strongly.

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

Alice-Mary Higgins: It is counter-intuitive for me to vote against this section. I like that it is there, and that steps have been taken. If it is pushed, I will support it but I understand that the prevailing wind in the House is for its removal. I would not want the fact that we in the joint committee are undertaking hearings to be a reason for not including it. I regret that we were not able to debate the...

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

Alice-Mary Higgins: We do not know what nine out of ten of those cases are about because we were not provided with information on the appeals. Information on the number of cases appealed and their outcomes has not been provided to us yet and that is a concern. The Minister talked about the individual taking the case. There is a huge onus then on the individual to go through the High Court in some cases or the...

Seanad: Greyhound Racing Bill 2018: Report Stage (29 Nov 2018)

Alice-Mary Higgins: I recognise the concern about this amendment. The inclusion on the board of a veterinary practitioner was our key focus. Does amendment No. 4, proposed by Senators Ó Domhnaill and Norris, which deals with having members of the Irish Greyhound Owners and Breeders Federation on the board address one part of Senator Paul Daly's concern? If the Minister was able to accept amendment No. 4,...

Seanad: Greyhound Racing Bill 2018: Report Stage (29 Nov 2018)

Alice-Mary Higgins: I second the amendment.

Seanad: Greyhound Racing Bill 2018: Report Stage (29 Nov 2018)

Alice-Mary Higgins: I give my support to the Senator's concern for the welfare and treatment of greyhounds after their time racing. I recognise that the Government refers to their racing and breeding careers. As my colleague mentioned, we are willing to withdraw our amendment No. 29 in recognition that the Government has come a distance to meet us by proposing amendment No. 28. I have a small remaining...

Seanad: Greyhound Racing Bill 2018: Report Stage (29 Nov 2018)

Alice-Mary Higgins: Animal welfare is a pressing issue right now. I believe it needs to be treated exceptionally.

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