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Written Answers — Department of Employment Affairs and Social Protection: State Pension (Contributory) Eligibility (22 May 2018)

Regina Doherty: To qualify for state pension (contributory) a person must have at least 520 full-rate paid contributions. According to the records of my Department, the person concerned has 163 reckonable Irish contributions, which is insufficient to qualify for a standard Irish state pension (contributory). The person’s entitlement to a pension under EU Regulations on Social Security was also...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I am going to disagree with all the Deputies, although I agree with their sentiments. The reason this legislation is before the House is because we all want the same thing. I take on board Deputy Penrose's words to the effect that changes made today may well enhance the legislation. The legislation is very important to all of us, and there will be absolutely no delay in its being brought...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: In that case it will not be brought back at Report Stage.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: No.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: The recommendations from the Low Pay Commission are dealt with in other sections, so it should become clear.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 2: In page 5, after line 27, to insert the following: “Repeals 3. The following are repealed: (a) paragraphs (a), (b), (f) and (g) of section 3(1) of the Act of 1994, and (b) section 16 of the National Minimum Wage Act 2000.”. Section 3(a) repeals the essential terms of the employment listed in section 3(1) of the Terms of the Employment...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I did not rule it out of order, to be clear.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I do not share the Deputy's fears and nor do the Workplace Relations Commission or the practices of the Labour Court. I am mindful that the definition that we use as a State and all the agencies and bodies of the State involved in dispute resolution are quite happy and comfortable with the definition of casual work as it stands and I am loath to fix it. The only thing that I am willing to...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 4: 4. In page 6, between lines 2 and 3, to insert the following: “PART 2 AMENDMENT OF UNFAIR DISMISSALS ACT 1977 Amendment of Unfair Dismissals Act 1977 4. Section 8 (amended by the Workplace Relations Act 2015) of the Unfair Dismissals Act 1977 is amended, by the insertion of the following subsection after subsection (12): “(13) (a) An adjudication...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I will respond to both amendments together. To require employers to provide a written statement on the core terms before commencement of employment would have implications in a number of areas. The Bill seeks to protect the employment relationship between a new employee and the employer. The Bill has been a long time in the making and has been based on co-operation between all parties and...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: The difficulty is that the EU directive is only under negotiation. As the Deputy knows, those negotiations can take years. I cannot speculate on the outcome of that on the basis that I would like this legislation passed within the coming weeks. Obviously if we get a directive-----

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: In that case they are better at speculating than I am because I am not willing to put into legislation what is not directed by the EU. The Deputy knows there are difficulties with regard to directives. We all sit down and move an inch here and an inch there. We are far from issuing a directive within the EU. I am not prepared to take speculation from negotiations that are going on in...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: This is employment rights legislation and is exceptionally important. It has to strike a balance and not impinge on the ability of people to hire employees. It is a long time since anyone in this room was 18 or 19. Many young people apply for a job and are asked to come in and start on Saturday. Five days for the employer to be able to give that person their basic standards and conditions...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Would the Chairman mind if I made a very brief comment?

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: Yes. The premise of this part of the legislation is to make sure we will have a sledgehammer to hit people over the head if they do not adhere to it. We are giving them a reasonable amount of time - five days - in which to provide the five pieces of information and they are very simple. The sledgehammer will be used. If we were to change that requirement and the number of days from five...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I am letting the committee know that I cannot make it a criminal offence without giving employers a reasonable amount of time and one day is not reasonable.

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I want to briefly respond to Deputy Smith to say that the example was used in the ruling out of these amendments was not my example. I did not use it. It is the Ceann Comhairle's example. I have no problem being charged with explanations when they are mine but it was not mine and I would not have used it. I refer to Deputy Penrose's comments. It is not in line with the report from the...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I thank Deputy O'Dea for raising this point. I share his concerns. Correctly classifying work as either employment or self-employment impacts on the benefits people receive and also on their entitlements under legislation relating to employment rights. As the Deputy pointed out, there is also a loss to the Exchequer. I get all of that. The committee will be aware that I launched a...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I move amendment No. 11: In page 7, line 34, after "employee," to insert "or who is reckless as to whether or not false or misleading information is provided,". This amendment inserts additional text into the offence provision of section 10 in order that an employer who deliberatively or recklessly provides misleading information will be guilty of an offence. It emerged during the...

Select Committee on Social Protection: Employment (Miscellaneous Provisions) Bill 2017: Committee Stage (17 May 2018)

Regina Doherty: I am adamant that people are entitled to get the five simple pieces of information within five days of commencing employment. The vast majority of people in this country who employ others treat them well and look after them. A small number of people do not do so and this legislation is aimed at them. Five days is a reasonable amount of time within which to give employees the information....

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