Results 19,041-19,060 of 32,583 for speaker:Richard Bruton

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: All of these amendments are of a drafting and technical nature and do not result in any substantive change to the Bill.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: Amendments Nos. 23 and 24 to section 17 are of a drafting and technical nature and do not result in any substantive change in the Bill.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: Section 21 makes provision for the board of the workplace relations commission to prepare a strategy statement on behalf of the commission and to submit this statement to the Minister for approval. Subsection (4) provides that the Minister can approve the draft strategy statement as prepared by the board with or without modifications or refuse to approve the strategy statement. In the...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: I thank Senators for the constructive spirit in which they have presented this amendment. Section 11(1)(a) states that one of the core functions of the workplace relations commission will be to "promote the improvement of workplace relations, and maintenance of good workplace relations", while section 11(1)(h) states that the commission shall "provide information to members of the public in...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: The purpose of the legislation is to promote higher levels of compliance. We encountered a number of difficulties in this regard, including the long delays that obtain, the level of complexity in the system and the fact that the same issue could be pursued via different channels. As a result, neither worker nor employer knew where their obligations lay. This did not assist in the context...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: Collective bargaining legislation is in preparation and will be passed before the expiry of this Government. It is at a very advanced stage. It will deal with cases where employers who refuse to recognise trade unions and fail to offer reasonable terms and conditions comparable with other areas, and will make it possible for trade unions to go to the Labour Court to get an adjudication that...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: This amendment is of a technical and drafting nature and does not result in any substantive change to the Bill.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: I indicated on Committee Stage that I would consider this amendment further and respond to the Senator on Report Stage. I have done that and I am informed that it is currently the standard practice of NERA to issue a receipt in circumstances where it is necessary to remove original documents either for copying or for use in the course of the inspection or court proceedings. It is also...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: This amendment is of a technical nature to ensure consistency of terminology in the subsection. 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...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: Amendment No. 37 is not appropriate as section 7(2) of the Bill already provides for the criminal liability of certain persons connected to a body corporate in certain circumstances in the case of offences under this Act. To extend liability for the debts of an insolvent company to the officers of the company would, I am advised by the Attorney General, be constitutionally suspect and would...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: This amendment is of a drafting nature and does not result in any substantive change to the Bill.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: This amendment to subsection (1) of section 30 is required so as 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 purpose of performing his or her statutory functions not only in relation to those premises but also, specifically, at the premises. Clearly, in respect...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: The reason is that the changes we are making, such as in the areas of adjudication and enforcement, have a knock-on impact on dozens of pieces of legislation elsewhere. One has to ensure the original legislation is correctly amended to reflect the new process. That involves going back over swathes of legislation to ensure everything is correct. In all cases the amendments are technical and...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: On amendment No. 41, section 32, as drafted, is strictly limited in its application to information relating to the alleged commission of an offence under a relevant enactment or the contravention of a relevant enactment. For this reason, the Senator's proposed amendment is inappropriate, as it is inconsistent with the section taken as a whole. Essentially, the issue here is that agencies...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: The Senator may be mistaking what is being provided for here. This provision is dealing with fixed payment notices and the penalty for such fixed payment notices. Essentially, they are minor offences and these are fixed charges that are issued without proceedings and they concern only limited offences. One is a requirement on the employer to consult with employees' representatives in...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: Amendment No. 43 seeks to provide that a complaint that has been referred to mediation or case resolution could only be dealt with by a mediation officer or by way of teleconference in exceptional circumstances and upon the agreement of the complainant. It is implicit that the consent of both parties is a prerequisite to all forms of mediation and case resolution. The Senator's proposed...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: As the Acting Chairman noted, these are technical drafting amendments and make no substantive change.

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: I think it goes somewhat further than that. This amendment seeks to introduce a new subsection to section 39, which would provide that a case resolution officer could direct either or both parties in the dispute or complaint that is the subject of mediation to produce documentation and evidence to the other party upon which that party intends to rely in respect of their respective cases. As...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: I wish to assure the Senator that a selection procedure has been carried out by the Public Appointments Service, PAS, in order to deliver high quality staff with a capacity to adjudicate. I assure the Senator that all successful applicants have been required to undergo an accredited adjudicator training programme which has been delivered by the National College of Ireland during the past...

Seanad: Workplace Relations Bill 2014: Report and Final Stages (1 Apr 2015)

Richard Bruton: Amendment No. 50 is intended to ensure that all complaints in disputes referred to a rights commissioner prior to the commencement of Part 4 of this Bill when enacted, can be decided by an adjudication officer who was, immediately prior to the commencement, a rights commissioner. This additional subsection(10) specifically provides that in respect of such complaints and disputes, the...