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Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 25: In page 10, between lines 15 and 16, to insert the following: “Insertion into Act of 2006 of new section 1A 6. The Act of 2006 is amended by inserting the following section after section 1:“Definition of ‘remuneration’ 1A. (1) In this Act ‘remuneration’ means—(a) subject to paragraph (b), the total amount of—(i)...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 26: In page 10, line 32, to delete “for which a high level of remuneration is paid” and substitute “that are in critical short supply in the State,”.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Regarding amendment No 27, the purpose of providing access to the Irish labour market to the spouses, civil partners and dependents of Critical Skills Employment Permit holders and third country researchers under Council Directive 2005/71/EC is to differentiate Ireland by enhancing its attractiveness as a destination for this cohort of highly-skilled migrants when compared with our...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I work for many employers in Cork East and I hope they will keep employing me. In regard to amendment No. 49, providing for sector-specific employment permits would only be possible were the Department to waive all checks on the employer, which the Minister cannot accept. Currently, all employers of permit holders are on the Department's database which is regularly checked by the National...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: If we go back to the bondage element, as the Deputy so described it, section 12(1)(e) of the 2006 Act provides that, in respect of the foreign national’s first employment permit, he or she remains with the employer for a minimum period of 12 months and the Minister can refuse an application for a second employment permit made during that period and the foreign national already has an...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Again, we should go back to the body of the legislation. What is the purpose of permits legislation?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Will the Deputy relay what he understands to be the meaning of this legislation in regard to permits so that I can understand his point? A permit is to fill a position.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: That is a given. Regardless of the political party from which we come or our political hue or political persuasion, as citizens, we all subscribe to the notion that the human rights and the employment conditions under which any worker works comply with the law and that he or she enjoys full entitlements inherent in any contract he or she has. However, that still does not answer the Deputy's...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: They are.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 17: In page 8, to delete lines 14 to 25 and substitute the following:"who is connected to a foreign employer;".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 18: In page 8, between lines 29 and 30, to insert the following:" 'date of dismissal', in relation to a foreign national who is dismissed by reason of redundancy, has the meaning assigned to it by section 2 of the Act of 1967;".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 19: In page 9, between lines 3 and 4, to insert the following:" 'dismissed by reason of redundancy' means⁠— (a) the dismissal by an employer from employment within the meaning of section 9 of the Act of 1967, and (b) the dismissal is -(i) attributable wholly or mainly to the condition specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 20: In page 9, lines 14 to 17, to delete all words from and including "who" in line 14 down to and including "State" in line 17.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 21: In page 9, between lines 17 and 18, to insert the following:" 'health insurance' means insurance providing for the costs and charges of medical treatment; 'health insurer' means a person entered in the Register of Health Benefits Undertakings referred to in section 14 of the Health Insurance Act 1994; 'holding company' has the meaning assigned to it by section 155 of...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 22: In page 9, line 41, to delete "permission."," and substitute "permission;".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 23: In page 9, after line 41, to insert the following:" 'subsidiary' has the meaning assigned to it by section 155 of the Companies Act 1963.",".

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 24: In page 10, to delete lines 7 to 15 and substitute the following:"(e) by substituting the following definition for the definition of "remuneration":" 'remuneration' shall be construed in accordance with section 1A;",(f) by deleting the definition of "employment regulation order", and (g) by deleting the definition of "registered employment agreement".".The Minister's...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: I move amendment No. 16: In page 8, between lines 12 and 13, to insert the following:" 'civil partnership registration' has the meaning assigned to it by the Act of 2010; ‘connected’, in relation to the connection between a connected person and a foreign employer, means— (a) the connected person is a subsidiary of the foreign employer, (b) the foreign employer is a...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Shall I just go through the amendments and then come back?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Seán Sherlock: Yes. Amendment No. 162 provides that failure by the connected person to comply with new record keeping requirements is an offence under section 27(8). Please forgive me but I have omitted a few amendments. Amendment No. 113 allows the connected person to apply for a review. Amendment No. 114 is a consequential amendment following on from the treatment of the intra-company transfer in the...

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