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Industrial Disputes (13 Mar 2012)

Seán Sherlock: Deputy Dowds is more schooled on that. There is legislation to protect every worker's rights and in respect of dispute resolution. It is voluntary by nature, but we must be fair and balanced in how we approach the issue and I would hope any reasonable company, or any entity, would use the voluntary mechanism that is available. That is the way to proceed. If that fails, we will cross that...

Euro Area Loan Facility (Amendment) Bill 2012: Second Stage (Resumed) (7 Mar 2012)

Seán Sherlock: Is the Deputy willing to yield to allow me to make a debating point?

Euro Area Loan Facility (Amendment) Bill 2012: Second Stage (Resumed) (7 Mar 2012)

Seán Sherlock: I thank the Deputy sincerely. While I respect what he is saying, it should be acknowledged that, while in power, his party caused this country to be reduced almost to penury and signed up to a memorandum of understanding. In discussing the situation in Greece, the European Union and the treaty we must not revise our history. The Deputy should acknowledge the factors that lead to the...

Euro Area Loan Facility (Amendment) Bill 2012: Second Stage (Resumed) (7 Mar 2012)

Seán Sherlock: Where was the Deputy's voice in cabinet?

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: With respect, I am happy to take all views and then respond finally to the amendment, if that is okay.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: There have been a number of points. I suppose now would be a bad time to say I am a big fan of Neuhaus Belgian chocolates. I would say "Fair play and well done" to anybody with an Irish company trying to penetrate the Belgian market. If the Senator is getting a foothold in that market, I applaud her.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: That is fantastic. In fairness, one must applaud the business model used by two of the Senators present and the fact that the two businesses compete at a world class level. I am acknowledging this without plámás. I lived in Belgium for three years and I always thought Cadbury's was the only chocolate product until I moved to Belgium. We can now appreciate where we are with the wonderful...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: The clock starts on 5 December last.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: Let us be straight about it.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: One must always have regard to what is said in the Seanad on legislation. I accept the points made about trying to revisit the issues involved before Report Stage. However, there was a consultation process on the legislation dating back to 2010; therefore, it is not a case of the Government trying to ram it through. The consultation process involved the social partners and, in fairness,...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: It is a matter for the Senator if he wishes to call a vote on his amendment. With regard to the consultation process, people were sent letters. It involved the usual stakeholders such as IBEC.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: No. We can provide the Senator with a list.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: We can provide a list. The Minister met the National Recruitment Federation, individual recruitment agencies, IDA Ireland, IBEC and the ICTU. There was an extensive consultation process on the issue.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: No.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: While I understand the rationale behind this amendment, it would not, even if accepted, have any material effect and is redundant. It is already the case under the employment legislation that a contract of indefinite duration can be terminated for reasons such as redundancy, liquidation of the employer and so on. Under the provisions of the existing law, this Bill does not discommode...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: I am certain there is no prescriptive measure laid down, such as, for example, that employees must be a member of a trade union, by which they can consult under the provisions of section 8.

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: This is a technical amendment which seeks to ensure that for the purposes only of equal treatment of working and employment conditions for agency workers that are part-time employees, it is the provisions of this legislation and not that of the Protection of Employees (Part-Time Work) Act 2001 that applies. In effect, this means that whereas in that Act, the appropriate comparator that is...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: I understand the rationale behind these amendments. The provision as it stands, however, lists the facilities and amenities intended. While the list is not exhaustive, it is not intended that collective facilities and amenities would include remuneration or expenses. There is a danger in introducing one proposed exclusion as to do so would raise other issues that could be equally proposed...

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: Amendment No. 15 can be addressed in the context of the guidance documentation provided with the Bill. On the other points regarding the august body of employment legislation and the system of joint labour committees and registered employment agreements, it is a surreal experience to hear a Fianna Fáil Party Senator-----

Seanad: Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage (1 Mar 2012)

Seán Sherlock: -----whose former leader, the great Seán Lemass, was the architect of some of the joint labour committees and registered employment agreements.

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