Seanad debates

Thursday, 1 March 2012

Protection of Employees (Temporary Agency Work) Bill 2011: Committee Stage

 

11:00 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)

I thank the Senators for tabling the amendment. I appreciate their concerns about the intention to have the Bill apply retrospectively from 5 December 2011, the transposition date of the directive. On Second Stage earlier this week the Minister indicated that he was in receipt of legal advice from the Office of the Attorney General to the effect that the legislation should, on enactment, have retrospective effect from 5 December 2011, with the notable exception of the offence creating provisions in sections 13 and 15 in Part 4 of the Bill. These provisions will come into effect on enactment of the legislation. My advice is based on the fact that implementation of the directive provisions is necessitated to meet the obligations arising from membership of the European Union and that, therefore, they enjoy protection under the Constitution.

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