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Written Answers — Decentralisation Programme: Decentralisation Programme (13 Feb 2008)

Billy Kelleher: The National Framework Committee for Family Friendly Policies was established by the Social Partners in 2000 under the Programme for Prosperity and Fairness. The Committee was continued and renamed in 2003 as the National Framework Committee for Work Life Balance Policies under Sustaining Progress. The remit of the Framework Committee has been continued under the current national partnership...

Written Answers — Company Closures: Company Closures (13 Feb 2008)

Billy Kelleher: The Statutory Redundancy Payments Scheme is operated by my Department strictly in accordance with the provisions of the Redundancy Payments Acts 1967-2007. There is no record in my Department of any statutory redundancy claims or payments having been made to date on behalf of the employees of the company mentioned. The Insolvency Payments Scheme, operated under the Protection of Employees...

Written Answers — Industrial Relations: Industrial Relations (13 Feb 2008)

Billy Kelleher: I propose to take Questions Nos. 250 and 251 together. I have noted the decision reached in the High Court on 7 February to quash the Employment Regulation Order, relating to minimum remuneration of workers, made by the Labour Court on foot of proposals from the Hotel Joint Labour Committee on 5 November 2007, and to remit the matter back to that Committee. The implications of the issues...

Written Answers — Employment Rights: Employment Rights (13 Feb 2008)

Billy Kelleher: Under Article 40.6.1 of the Constitution, the State guarantees liberty for the exercise, subject to public order and morality, of, inter alia, "the right of citizens to form associations and unions". In this case, I understand that the company does not object to its workers joining a trade union, but the company has refused to recognise the trade union for collective bargaining purposes. It...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: I move amendment No. 1: To delete all words after "Dáil Éireann" and substitute the following: notes: that this Government is committed to ensuring that Ireland's comprehensive body of employment rights legislation applies to migrant workers including foreign agency workers in exactly the same way as it applies to Irish workers e.g. national minimum wage, organisation of working time,...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: In addition, the Government have delivered a further range of measures in support of improved and enhanced employment standards arising from commitments agreed in Towards 2016. The Protection of Employment (Exceptional Collective Redundances and Related Matters) Act 2007 has been enacted and the National Employment Rights Authority, NERA, has been established. It has commenced operations...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: I urge anybody to contact NERA and give details to have such matters investigated.

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: This is a very important issue and everybody has a duty to bring forward any information they possess.

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: They should bring it to NERA's attention. Similarly, it has been alleged that Ireland is one of only three EU member states which has failed to legislate for equal treatment for agency workers in terms of pay and conditions of employment. However, the position is far more complex than that portrayed. For example, in those member states where legislation is complemented by collective...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: The regulation of temporary work has been a contentious issue at European level for over a quarter of a century since the European Commission first placed proposals on the table in 1982.

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: The transformation of the product and labour markets since then has only intensified debate about how best to balance, on the one hand, employment creation and flexibility with employment protection and security on the other. Thus, trade unions' fears are that temporary workers would suffer lower pay and benefits than regular workers. Employers contest this and point to the value of...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: However, Ireland considers that the proposal for consideration, as currently drafted, is somewhat unbalanced. We have concerns about exemptions, or derogations, which would be to the benefit or advantage of some member states and not others. The European Foundation's recent report on EU temporary agency working confirms that, in those member states where equal pay legislation is...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: The shorter period on offer could damage future job creation prospects and could deter the legitimate use of temporary agency working which would be to the detriment of our economy.

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: This is particularly the case as agency work can provide, in certain circumstances, a useful stepping stone for some persons to enter the labour market. The opportunities available to agency workers in Ireland should not be reduced as a result of any new arrangements. Any directive in this area ideally would provide a balance between, on the one hand, employment creation and flexibility and...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: At the very least, provision might be made to take account of the tradition of social dialogue which applies in various countries, including Ireland, as recognised in the arrangements for national reform partnerships in the implementation of the Lisbon strategy. In this way, the different traditions and practices at national level can be fully recognised and respected. The Portuguese...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: I remind the Deputy that I was the one in the room, not him.

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: I informed my ministerial colleagues, however, that I was concerned that the latest proposals on the table did not contain all the necessary elements of balance. Thus, permitted exemptions provided for in the proposed directive would be to the advantage, or benefit, of some member states and not others. This would be the case for those member states where equal pay legislation is...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: Regrettably, having identified the remaining issues of concern to various member states, the Presidency decided not to pursue the search for a solution at the Council. Ireland was fully prepared to assist in trying to resolve outstanding issues at the Council rather than postpone addressing these. In its Council declaration, the Portuguese Presidency urged forthcoming presidencies, together...

Agency Workers: Motion (19 Feb 2008)

Billy Kelleher: This represents the best means of obtaining the necessary overall balance in Community legal instruments of this nature. The Government will continue to be constructive in its approach to further negotiations on these two legislative instruments. I am confident that the Government's position on the proposed EU directive has been consistent with its commitments under social partnership and I...

Written Answers — National Minimum Wage: National Minimum Wage (19 Feb 2008)

Billy Kelleher: The National Minimum Wage Act, 2000 provides that a person found guilty of an offence under the Act shall be liable on summary conviction to a fine not exceeding €1,904.61 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both. A person convicted on indictment shall be liable to a fine not exceeding €12,697.38 or, at the discretion of the court,...

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