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Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment arose from discussions in this House. Section 43 provides that if a case has been dismissed by an adjudication officer on the grounds that it is frivolous or vexatious, the complainant will have the right to appeal this decision to the Labour Court. The Labour Court, upon hearing an appeal, may affirm the decision of the adjudication officer or annul that decision and refer...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment is necessary to clarify that with respect to codes of practice in the case of equality that the Irish Human Rights and Equality Commission will develop the codes of conduct. There was some ambiguity in the original legislation. This will make it clear that is from where the codes will be derived in the case of equality.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: Section 21 makes a provision for the board of the Workplace Commission to prepare a strategy statement on behalf of the commission and to submit this to the Minister for approval. Section 4 provides that the Minister can approve the drafting of a strategy statement, as prepared by the board, with or without modifications, or refuse to approve the strategy statement. In the latter instance...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: Amendments Nos. 40 and 46 are being introduced in aid of the Labour Court inspectors and will provide them with a statutory basis to use reasonable force where necessary in order to gain entry to premises connected with the employment of persons. In the vast majority of inspections the employer consents to the inspection and an inspector is not required to use force to gain entry. However,...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: I do not think we have a definition of "reasonable force". I imagine it is an established term within the-----

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: I know that. In respect of inspectors pursuing their purpose, it will be fairly applied. I do not think it is contained in the definitions section. It is not defined in the Act. It is as the courts would interpret it in the circumstances. It would be a general term that is acceptable for the courts.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment is of a technical nature and does not affect the Bill in any substantive way.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: These amendments are being introduced to clarify confusion surrounding the effect of subsection (7) of this section and the capacity to use incriminating statements given voluntarily after caution. Currently, the statutory functions and powers of Labour Court inspectors are scattered over a large number of Acts dating back to 1946. Section 78 restates and consolidates all those functions...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment is of a textual nature and to ensure consistency of terminology in the section. Section 27(4) provides a statutory basis to allow a judge of the District Court in specified circumstances to issue a warrant to an inspector appointed under this legislation. The warrant will permit a named inspector, accompanied by such other inspectors or members of the Garda Síochána...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: Section 28 currently provides that the manner in which an appeal against a compliance notice to the Labour Court would be effected, and likewise an appeal from the decision of the Labour Court to the Circuit Court under this section, would be subject to regulations made by the Minister. This amendment obviates the need for the Minister to make such regulations and provides that the...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment corrects the wrong numbering of a section.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment to subsection (1) of section 30 is required to clarify that an inspector acting on foot of a direction of the Labour Court may enter any premises belonging to the employer named in the Labour Court's direction for the purposes of performing his or her statutory functions, not only in relation to those premises but also specifically at the premises. Clearly, in respect of any...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This is a drafting amendment and does not result in any substantive change in the Bill. This amendment is necessary to include definitions of the terms "employer registration number" and "personal public service number" for the purpose of section 31. If the Deputies were watching carefully, they would have noted that we took them out of the definitions section. They are going into their own...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: 7 o’clock To be of help to Deputy Colreavy, what we are doing is introducing a single Bill to provide for the Workplace Relations Commission. Rights across 24 primary Acts and 34 related specified Parts would be impacted by the new provisions. The complexity of this has required the picking up of a number of amendments. Some are purely stylistic amendments to make the final Act...

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: These amendments, to section 3, are technical in nature and do not result in any substantive change to the Bill.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: These are technical amendments and do not result in any substantive change.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: These amendments are of a drafting and technical nature and do not result in any substantive change.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This is also of a drafting and technical nature.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: Amendments Nos. 23 and 25, as with amendment No. 24, are technical amendments.

Workplace Relations Bill 2014: From the Seanad (12 May 2015)

Richard Bruton: This amendment is of a technical nature and changes "Companies Acts" to "Companies Acts or the Companies Act 2014. It is just clarification regarding the new consolidated Bill.

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