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

Jim Walsh: Will the Minister of State provide it for me now?

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

Jim Walsh: Will the Minister of State indicate what representations were made by each of these bodies during the consultation process? How many would have endorsed the shape of the legislation, and how many would have sought to amend it? I appreciate that it is our call as to whether we press the vote on amendment No. 7, but our decision is contingent upon the Minister of State entertaining the case...

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

Jim Walsh: I move amendment No. 11: In page 9, lines 36 and 37, to delete subsection (4) and substitute the following: "(4) In this section "permanent contract of employment" means a contract of indefinite duration, without prejudice to the fact that such contract may be terminated in accordance with the law.". In an effort to bring further clarity to the definition of "permanent contract of...

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

Jim Walsh: I welcome the Minister of State's clarification that even though the social partners, who are no longer in existence, were allowed to have a veto on the provisions of this Bill, employers, employees and their representatives can come to an agreement at local level. What is the position when employees are not members of a union but have a works council? Can they reach an agreement which...

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

Jim Walsh: I move amendment No. 14: In page 12, lines 25 to 28, to delete subsection (2) and substitute the following: "(2) In this section "collective facilities and amenities" includes— (a) canteen or other similar facilities, (b) child care facilities, and (c) transport services, but does not include any matter in the nature of remuneration or any expense payable to an employee.". We seek to add...

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

Jim Walsh: On amendment No. 14, I welcome the Minister of State's explanation and accept that if one is prescriptive in what one excludes, it could be subsequently interpreted that matters which were not prescribed could be included. On that basis I will withdraw the amendment. However, I am not as favourably disposed towards withdrawing amendment No. 15, which brings clarity to the position. While I...

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

Jim Walsh: I move amendment No. 15: In page 12, between lines 28 and 29, to insert the following subsection: "(3) No action taken by a hirer undertaking or agency in compliance with this section should be taken as evidence that a direct employment relationship exists between the hirer undertaking and the agency worker.".

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

Jim Walsh: My views have not changed over the decades.

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

Jim Walsh: The Government has gone beyond the directive.

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

Jim Walsh: The Minister of State indicated the guidance document "could" provide clarification. That is an appalling response. Could he not at least state that the document will include clarification? This is one of the difficulties I have with Ministers of State coming to the House. In fairness to this Minister of State, I am sure his hands are tied by his senior Minister and he is not allowed to...

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

Jim Walsh: I move amendment No. 16: In page 31, paragraph 1(3), to delete lines 42 to 46 and substitute the following: "(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances (including any circumstances in which an employee received any remuneration which was not "pay" within the meaning of this Act) but not...

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

Jim Walsh: People are at their wits' end wondering how they will survive and pay their bills this week. They are good people who have worked all their lives. The least they can expect from us in the recession which has hit them is not rhetoric - the 100,000 jobs have now been announced three times - but effective action to ensure there will be no more job losses in the economy. On Second Stage I...

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

Jim Walsh: This is about employment, something with which Sinn Féin would not be too familiar.

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

Jim Walsh: That is correct.

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

Jim Walsh: I know it well.

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

Jim Walsh: I wish to make the point, although Senator Mary Ann O'Brien has made it for the benefit of Senator Cullinane, that there are companies utilising agency workers where those workers themselves are quite happy with the rates of pay they are getting and the permanent employees are happy with the arrangement around the agency workers. It is the permanent workforce in some of these companies,...

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

Jim Walsh: I denounce any Member of this House who does not espouse those values.

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

Jim Walsh: Three thousand people are dead because of what your party did.

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

Jim Walsh: I am somewhat sympathetic to the point made by Senator Cullinane in relation to pensions.

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

Jim Walsh: Yes, and on the points raised in that regard by Senator Cullinane. While I do not believe pensions should be covered by this legislation, the issue needs to be addressed as a matter of priority. Only approximately 50% of the population have pensions cover. The Government's raiding of pension funds has had a negative impact on people in terms of their taking out pensions. We should be...

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