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Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: For the purposes of clarity, Mandate was supportive of a timeframe of six months. I acknowledge that ICTU had its position, but there is a recognition by Mandate, a union that represents the vast bulk of workers actually in the if-and-when contract bracket.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: I wish to make a general point in response to Teachta Maurice Quinlivan. I recognise the contributions made by the employers' organisations. I know that I made some strong criticisms in my opening remarks. With other members, I attended a briefing given by some of the employers' organisations on the heads of a Government Bill. Similar arguments were made against that Bill that I believe...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: The date is 17 July.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: I thank Senator Gavan for his support. The issue of casual and precarious work is real. Many issues have come up in the hearings which are not dealt with in this Bill. For example, there is the issue of whether an employee should have the right to seek additional hours. I would support that. However, this Bill is not a miscellaneous, catch-all Bill. It is not trying to solve every...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: I have gone through all the transcripts of all the hours of hearings and I do not believe anyone raised a concern on the issue of the bands that are in the Bill. My concern with the Government proposals is that the bands are too broad. What we do not want is a Bill that on balance would negate the value of it and would make it almost irrelevant. I have a concern that we could be presenting...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: Banded Hours Contract Bill 2016: Discussion (Resumed) (23 May 2017)

David Cullinane: My understanding of what they said was that it was not an either-or situation. They were working on the basis of the Bill as it is, which has yet to be amended. If the Bill were amended along the lines that some of the employment law specialists suggested, they would be more supportive of progressing this Bill rather than simply amending an existing Bill. A stand-alone Bill is merited....

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: I thank the witnesses for their presentations, which were very technical and legally based. We are trying to deal with the heads of Bill and I welcome the presentations that were given. Would it be fair to say Dr. Jennings seemed to be concerned about the lack of safeguards for citizens? If that is a fair assessment, what would be his main concerns in regard to the lack of safeguards in...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Are the memoranda not governed by the Bill?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Excuse me, it refers to "A memorandum of agreement to a data-sharing agreement under subhead 5 of this Bill".

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: It is set out under the Bill.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Section 6(c) states the agreement - it is referring to a memorandum of agreement - "must specify the legal basis for the data-sharing, with reference to primary legislation, to include provisions made under this Bill and other Acts". It goes on to refer to a number of other laws also.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Paragraph (b) states, "The agreement shall specify the purpose of the data-sharing, having regard to the provisions of this Bill...", while paragraph (c) states, "The agreement [the memorandum] must specify the legal basis...".

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: It continues: "...to include provisions made under this Bill and other Acts".

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: We should refer it to our legal advisers also to get an opinion on it. I thank Mr. Kelleher. Perhaps I might hear a response to the other questions put.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: I have a follow-up question. I believe it was Mr. O'Brien who spoke about a portal being made available-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: He spoke about a portal being made available to members of the public to access data. Obviously, that is logical. Does he also envisage difficulties and problems? Where does he envisage difficulties in making it happen and putting it in place?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Would there be a significant cost?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: How would that work? Do Mr. Kelleher envisage it working on the basis of a PPS number or a code a person would have? Would it be used to access all information the State has on him or her?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: Does Mr. O'Brien wish to respond?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Data-Sharing and Governance Bill: Discussion (Resumed) (23 May 2017)

David Cullinane: I would like to acknowledge the comprehensive contributions from the witnesses. The level of detail in the opening statements and the responses has been very good. This has been a useful exercise.

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