Results 13,041-13,060 of 16,285 for speaker:Peadar Tóibín

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: We oppose section 69 and we also oppose this new section. While the present Minister might have good intent, and makes a logical argument for an application of a fee to prevent people skipping the first part of the process, the regulations mean it will be in the hands of future Ministers and there is the possibility a future Minister could be inequitable in his or her application of a fee....

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: Are we discussing this with amendment No. 45?

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: Will we deal with amendment No. 69 now?

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 45: In page 42, line 2, after "may," to insert "in cases not relating to the Act of 1998 or the Act of 2000,".This is a simple provision. The parties to the claim can refuse to have the matter dealt with by way of written submission but equality advocates argue that under equality legislation, this is another hill to climb for highly vulnerable complainants. It may...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: The Minister's amendment probably deals with the objective of my amendment. I am happy to agree to the Minister's amendment and withdraw mine.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: The EU equality directive provides in Article 18 that: [C]ompensation or reparation that the member states shall introduce into the national legal system such measures as are necessary to ensure real and effective compensation or reparation as the member states so determine for the loss and damage sustained by a person injured as a result of discrimination on the grounds of sex, in a way...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: Yes.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I have a brief question. There are an usual amount of amendments to this Bill. We had a similar experience previously. It makes it difficult for us to fully analyse the process, because such a large number of amendments can change the nature of a Bill. Is there a particular reason why there are so many amendments? Is it a resource issue in the Department?

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 42: In page 40, line 10, after “Court” to insert “, an Adjudication Officer, complainant, or respondent”.Is it the case that this Bill proposes to delete sections 79(5)(a) and 79(7) of the Employment Equality Acts?

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: There is a tangential issue of resources. While this will not be dealt with in the Bill, the current infrastructure does not have the resources to deal with issues in a timely manner. This should not be the case for the new infrastructure.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 26: In page 36, between lines 15 and 16, to insert the following:“(iv) make a decision that a separate hearing for an employment equality case is required, in addition to a general employment rights decision,.”.This concerns the flexibility issue. Not all cases before a commission will fall neatly into one area. How will an adjudication officer determine...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: The Equality and Rights Alliance has warned that the Bill is devoid of reference to claims under the Equal Status Act 2000. It questions how such cases would be dealt with and says there is no reference to redress as having any meaning regarding a contravention or dispute in regard to the provision of goods and services, disposal of premises or provision of accommodation as set out in the Acts.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 27: In page 36, between lines 21 and 22, to insert the following:“(iii) in relation to the disposal of goods and provision of services and the disposal of premises and provision of accommodation as set out in the Act of 2000.”.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 28: In page 36, line 26, to delete “6 months” and substitute “2 years”.This amendment is to increase the length of time, from six months to two years, in which complaints can be submitted from the date of the contravention.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: The legislation does not allow for the necessary flexibility for an individual who seeks to use one or other of the options given. For example, if a person has to select whether to go for unfair dismissal or a discriminatory dismissal, there are different statutes with different tests available to him or her, which could make it difficult for him or her. A little bit of flexibility in the...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I do not want to be obstructive, as it is not like me, but in regard to the issue we discussed earlier, it might be useful to go into private session for a minute, if that is all right.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: There is a view that the amendment, as drafted, could be interpreted in a manner that would exclude representation at a mediation stage. We will submit an amendment to try to relieve it of any chance of misinterpretation.

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 21: In page 34, between lines 32 and 33, to insert the following: "(c) Any person appointed as an adjudication officer immediately after the commencement of this Part will be required to be adequately trained in the area of equality legislation, in addition to all relevant industrial relations and employment law.".The Minister will probably know that the Equality Rights...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I have already referred to the amendments we intend to bring forward on Report Stage. This section is relevant to the debacle that took place at the Kishoge site. The ICTU has sought an amendment such that not only an individual contractor but also the long chain of subcontractors would be subject to procurement rules. Specifically, the contracting authority should be empowered to exclude...

Select Committee on Jobs, Enterprise and Innovation: Workplace Relations Bill 2014: Committee Stage (6 Nov 2014)

Peadar Tóibín: I move amendment No. 15: In page 30, line 12, to delete "42 days" and substitute "14 days".