Shane Curley (Fianna Fail)
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Cuirim fáilte roimh an Aire Stáit, an Teachta Dillon, go dtí an Seanad.

Aubrey McCarthy (Independent)
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I move amendment No. 1:

In page 4, between lines 14 and 15, to insert the following: “Report considering recommendations made by the interdepartmental working group

4. Within 12 months of the commencement of this Act, the Minister shall produce a report detailing how the remaining recommendations from the Interdepartmental Working Group’s examination of the Glegola judgement can be implemented. The report shall include specific details regarding how sole traders and individual business owners can be protected.”

I thank the Minister of State his officials for being here today. What I am asking for in this amendment is a report on the interdepartmental recommendations. I believe that while the Bill overall is good and I appreciate the Minister of State's efforts in this regard, I also feel there is a way of improving it. Asking for a report would be worthwhile because it would monitor the progress of the Bill and how well the recommendations are being implemented. I recognise that this Bill provides protection to sole traders, but I have also expressed concern about those with alternative company arrangements. For example, my amendment refers to sole traders who have private limited companies, but whether the tests outlined in the Bill will work in relation to every type of company arrangement is something I have queried.

I also have some concerns about the current salary ceiling of €600 per week, which appears to be somewhat outdated, especially in the context of employees on higher pay. Broader reform may be required and a report that I have suggested would help with this.

One group or set of workers who have been affected by some of the issues in this Bill we are trying to address with this are journalists and that sort of employee sector. In situations where a publication goes bankrupt, for example, or let us say it is dissolved, some journalists have found it very difficult to get a redundancy payment. That is an example of a group of employees who have been hard hit by Ireland's current insolvency laws and it is something a report could look at.

Overall, I really do welcome the Bill but that was my reasoning behind that amendment.

Alan Dillon (Mayo, Fine Gael)
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I thank the Senator for his amendment. I appreciate his intent and explanation in making sure the Bill works for sole trader employers. I know he was talking to some of our officials earlier. I assure the Senator that this amendment is unnecessary. The Bill itself already fully implements all the recommendations of the interdepartmental working group's report. That includes recommendation No. 4, which proposes a modified test for sole trader employers.Indeed, the test applied is that the sole trader must have ceased acting as an employer for any employee and that there are no restrictions on him or her continuing to earn a living as a sole trader. Therefore, I will not be accepting the amendment, but I trust that the explanation is to the Senator's satisfaction.

Shane Curley (Fianna Fail)
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Is Senator McCarthy pressing the amendment?

Victor Boyhan (Independent)
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He might want to respond.

Aubrey McCarthy (Independent)
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I thank the Minister of State. I understand then that a sole trader will be covered, but if the sole trader is an employer, then he or she would not be covered. I appreciate the Minister of State hearing my concerns as he has outlined. We will keep matters under review. I do not wish to press the amendment. I will withdraw it.

Shane Curley (Fianna Fail)
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When is it proposed to take Report Stage?

Linda Nelson Murray (Fine Gael)
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Now.

Shane Curley (Fianna Fail)
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Is that agreed? Agreed.

Shane Curley (Fianna Fail)
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When is it proposed to take Fifth Stage?

Linda Nelson Murray (Fine Gael)
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Now.

Shane Curley (Fianna Fail)
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Is that agreed? Agreed.