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Seanad: Order of Business (26 Feb 2015)

David Norris: He is an excellent man and has a firm hand at the tiller. That is what we want in this country.

Seanad: Order of Business (25 Feb 2015)

David Norris: I join colleagues in congratulating the Ireland cricket team on its remarkable victory. The team has enjoyed wonderful success in recent years, including defeating England, the home of cricket. What the Ireland cricket team is doing is indicative of a remarkable cultural change in this country. There used to be quite a bitter antagonism here in respect of sports such as cricket and rugby....

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: Amendment No. 55 increases the fine to €20,000. We are clearly following the British in this matter. The British have provided for a fine of £20,000, which is considerably more than €20,000. I do not see any reason we should not follow that model when introducing fines. Failure to pay the national minimum wage entails significant costs for the State. It means the full...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I thank the Senator for acknowledging my pedantry.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I support Senator Quinn's amendment. All of us want to assist the Minister, who has done a good job in creating employment. We want to see more jobs being created, particularly in small and medium enterprises. A company with less than ten employees -----

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I beg Senator Quinn's pardon. The infection is contagious. A company with fewer than ten employees may not be in a position to pay this level of fine. The same argument applies to my own amendment, which sets an maximum penalty. Such a penalty is not prescribed but the court would have the option of imposing a fine of €20,000. That is another reason the Minister should accept my...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I will not.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I will not be tedious on this but I remind the Minister that this is not a fixed fine because there is leeway. All I am doing is providing for a maximum target. The Minister invoked the Constitution.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: The fine can be variable, as the Minister has indicated. The section does not fix and establish a penalty. The Minister invoked the Constitution but failed to nail it. He withdrew from that position and said it was inappropriate, which is a much weaker phrase. A fine of €20,000 similar to that in Britain should be imposed. The British did not have a problem with it. However, I...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: Amendment No. 64 again deals with the process of discovery, in other words, the revealing of documents by one side to the other. Where a resolution is not successful, it makes sense as regards ensuring any subsequent case that has to go for a hearing is dealt with in a speedy and efficient manner with the parties producing all relevant documentation to ensure the case may be resolved at the...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I acknowledged that this is a mediation process in what I said. The reason I tabled the amendment is that where resolution is not successful, this provision looks forward to the hearing. It also provides that the case resolution officer "may direct either or both parties to produce such documents". The person, therefore, who is in charge of the resolution process will make this...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I would look favourably on the amendment Senator Craughwell suggested to our amendment. However, I again point out to the Minister that this comes into effect when resolution has failed. It is not part of the mediation process but it is at the end of that process when resolution has failed. It means that it will obviate the situation where the process is further delayed by the...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: The Minister should bear in mind that this is when the mediation process has failed and we are moving on inevitably to the next-----

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: If they are going ahead to a formal hearing, then it seems wise to say these are the documents they would need to have with them.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I will park it in the place it will have the most efficient impact and-----

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: -----that is between the end of the mediation process and the continuation of the next process.

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: Why is section 40 being deleted?

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I move amendment No. 71: In page 38, lines 36 and 37, to delete "any trade union of which the agency worker is a member" and substitute "specified persons".Although this amendment proposes to deleted the reference to trade union representation, it may be appropriate to retain it. The amendment was suggested to me by Senator Gerard Craughwell, and we may well put down an amendment on Report...

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: If our proposal is deemed unnecessary, why is it necessary to make reference to "any trade union of which the agency worker is a member"? Why specify anything if it is already rehearsed in existing law?

Seanad: Workplace Relations Bill 2014: Committee Stage (Resumed) (25 Feb 2015)

David Norris: I would be very grateful if the Minister would look at that and come back to us. It seems absurd. He said initially that it is not necessary to specify any of these things because they were rehearsed in previous law, but it does clearly specify "a trade union official within the meaning of section 11 of the Act [...] an official of a body in respect of which" and so on, "a practising...

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