Seanad debates

Tuesday, 1 July 2014

Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages

 

5:40 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

The amendments in this group are very important in providing clarity on the definitions of "employee" and "employer" and that part of the definition of "worker" relating to contractors. I will discuss each amendment in turn. The original Bill contained quite convoluted definitions and I have sought, with the help of the Parliamentary Counsel, to produce clearer and more user-friendly definitions. The purpose of amendment No. 2 is to ensure that members of An Garda Síochána, including members of the Garda Reserve, and civil servants who do not work under formal contracts of employment will have access to the full range of protections available to all employees under this legislation. These persons are specifically referenced in section 2(a), introduced under amendment No. 6, which explicitly deems them to be employees for the purposes of this Bill. Amendment No. 3 simplifies and clarifies the definitions of "employer" and "worker" in the Bill so as to minimise the risk of any legal uncertainty as to the relationship that exists in any particular case. Amendment No. 4 focuses on the definition of "worker", which is now defined in simpler terms. Amendment No. 5 is designed to specifically confirm that the definition of "worker" includes a member of the Permanent Defence Force, so as to ensure that they also fall squarely within the ambit of the Bill. Amendment No. 6, as I have already mentioned in connection with amendment No. 2, specifically deems members of An Garda Síochána and civil servants to be employees embraced by this Bill.

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