Results 761-780 of 11,114 for speaker:Damien English

Written Answers — Department of Enterprise, Trade and Employment: Work Permits (5 May 2022)

Damien English: I propose to take Questions Nos. 100 and 101 together. The State’s general policy is to promote the sourcing of labour and skills needs from within the workforce of the European Union and other EEA states. However, where specific skills prove difficult to source within the EEA, an employment permit may be sought in respect of a non-EEA national who possess those skills.  This...

Written Answers — Department of Enterprise, Trade and Employment: Work Permits (5 May 2022)

Damien English: Under the Employment Permits legislation my Department applies a range of criteria to both the employer and the employee when assessing an application for an employment permit, including that a contractual relationship exists, minimum annual remuneration requirements are met and that any registration requirements are met prior to issuing the permit. When assessing an application for an...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: Do you want me to make my opening comments?

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I am conscious I was not there for the Second Stage discussion in the Dáil. I thank the Chair for facilitating this legislation quite quickly and for his work on the pre-legislative scrutiny of this legislation. I apologise for the slight delay at the start of the meeting. I am very pleased to have the opportunity to discuss the Sick Leave Bill 2022 with the committee today. It will...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I am conscious that this amendment is not being allowed but it is something on which there could be general discussion. It came up in a previous discussion on this Bill as well. Generally, in the legislation, both in this and in social welfare legislation, it is not defined and it is accepted as the ordinary meaning. That has been acceptable and has worked and I have heard no real argument...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I stated at the outset that I understand members will have different views on this. What we are trying to achieve here is that, as a starting point, this scheme will cover the three waiting days before eligibility for illness benefit kicks in, and that can kick-in for two years thereafter. I want the members to bear that in mind as we have this discussion. The Tánaiste has been very...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I have a couple of points. The legislation is designed to facilitate whatever Minister sits in this chair in the years ahead. We need to bear in mind that the number today is zero and that we are asking businesses and employers to adapt to a new statutory sick pay scheme, which they are paying for. It is only right and fair that we introduce it over a period of time. It is about the...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: A number of issues have been raised. I share the concerns raised by the previous speakers. To address Deputy Bruton, I have committed to a number of employers that we will track and review this to see if we are putting jobs in jeopardy or are placing an excessive a cost on businesses. The Tánaiste is very clear that we will phase this in in order to give such businesses time to adapt...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: Of course. That will be recorded. In line with the committee's recommendation, the Minister of the day will monitor and check all of that before recommending additional days at any stage. When we say that it is a given that the legislation is balanced for employees and employers, we will of course review that, but the question in this context was on additional supports for businesses to...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: There are labour protections, and these are tracked by the Labour Court and the Workplace Relations Commission, WRC. The Deputy is asking for a formal review, which is what Deputy Bruton proposed. We have already given a commitment to the SME community to track this through our other business supports and business development agencies. If we need to assist, which we do regularly across...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I will be clear to avoid doubt. There is an exemption in the legislation from the obligation to pay sick pay under the statutory sick pay scheme. I appreciate that there is a similar exemption in respect of the minimum wage. It is not used by everyone, which I have made clear to employers and bodies on all sides that have engaged with me. That has nothing to do with whether it is onerous....

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I am conscious that there was probably much discussion of this on Second Stage as well as during the pre-legislative scrutiny phase. I have asked Deputies to understand we need to address this as best we can. The 13-week service requirement is in place to ensure time is allowed for a relationship to develop. Most people will accept a relationship has to develop between an employer and...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: To be clear, it is not the intention to impose additional requirements on anybody. The legislation covers the majority. We certainly do not believe the legislation will jeopardise hundreds and thousands of workers but we want to make sure it is right. To get it right, we need the correct wording. The wording has still not been agreed with the Attorney General. That is why the amendment...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I accept that is how the Deputy feels. Most legislation in this space, in terms of workers' rights or entitlements, here or across Europe allows time for a relationship to develop and does not automatically kick in on day one. Again, the employer will pay for this sick leave. It is important to recognise that a relationship of some sort of employment would be necessary before these...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: Amendments Nos. 10, 12 and 13 could disrupt the balance contained within the Bill that protects the rights and obligations both of employers and employees. To be very clear, if we wanted an excuse not to do this, there were plenty of excuses in the last 24 months and in terms of what is to be ahead of us in the next six or seven months. The Tánaiste still is determined to bring this...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I have a couple of observations and comments. We are not opposing Deputy O'Reilly's amendment but saying it is covered by the existing wording. She will recognise that herself. We have made changes on foot of this committee's recommendations before. Deputy Paul Murphy wants to exclude employer representative bodies. He is asking for the provision in this regard to be deleted. I could...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: I am sorry, Chairman, I thought I covered it already. In response to Deputy Flaherty, I recognise the pressure businesses are under. I recognise the mechanisms. If one uses the clause that is there under exemption, there are the consequences. To respond to Deputy Paul Murphy, it is not to say that businesses cannot have their profits reduced. It is that the business is not sustainable...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: Subsection (2)(a) provides that the first ministerial order made under the Bill will not reduce the number of statutory sick leave days. Subsection 2(a)(i) provides that no ministerial order will reduce the number of statutory sick leave days below three. This means that once the Bill has been enacted and commenced, the number of statutory sick leave days can never go below three. Earlier,...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: We have been clear we are trying to get the balance right and to recognise that at any given time the Minister or Government of the day must have the power to increase or reduce the number of days. What we are trying to create here is good quality sustainable jobs but one must be able to react to the situation. The Tánaiste and Minister for Enterprise, Trade and Employment, Deputy...

Select Committee on Jobs, Enterprise and Innovation: Sick Leave Bill 2022: Committee Stage (4 May 2022)

Damien English: In general, it reflects the approach that has been working quite well for the minimum wage over the past number of years which has seen ten increases recommended to and accepted by Government. That legislation does not set out at maximum. We believe we have to give the Minister the ability to adjust to or accommodate what is in front of him or her.