Written answers

Thursday, 4 July 2024

Department of Enterprise, Trade and Employment

Legislative Process

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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264. To ask the Minister for Enterprise, Trade and Employment if all sections of all Acts under the remit of his Department in the past two years have been commenced; and the number of sections within Acts that are outstanding. [28951/24]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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My Department has progressed a suite of legislative priorities over the last 2 years. Workers’ rights have been improved via the Sick leave Act, the Employment (collective redundancies and miscellaneous provisions) and companies (Amendment) Act and the Employment Permits Act. In addition, we have delivered a robust framework that underpins controlled goods, digital services, screening of third country transactions and reform of personal injuries resolution. Below is the list of all acts for the last two years and details of sections of acts whether they have been commenced in full and where there are parts that are yet to be commenced.

2024

Digital Services Act 2024 11 Feb 2024. The Digital Services Act has been commenced in its entirety: no sections are outstanding.

Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 09 May 2024. The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act has been commenced in its entirety: no sections are outstanding.

2023

Control of Exports Act 2023 25 Oct 2023. The Control of Exports Act is not fully commenced. It is expected that the Act will be fully commenced in Q3 2024 pending the roll out of a new IT system.

Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 11 Jul 2023. The Representative Actions for the Protection of Collective Interests of Consumers Act has been commenced in its entirety: no sections are outstanding.

Screening of Third Country Transactions Act 2023 31 Oct 2023. The Screening of Third Country Transactions Act is not fully commenced. It is expected that the Act will be commenced in Q3 2024 pending the roll out of a new IT system.

2022

Competition (Amendment) Act 2022 29 Jun 2022. The Competition (Amendment) Act has been commenced in its entirety: no sections are outstanding.

Consumer Rights Act 2022 07 Nov 2022. The Consumer Rights Act is not fully commenced. Section 161 requires that regulations be drafted and officials are considering the issues arising in drafting these regulations.

Credit Guarantee (Amendment) Act 02 Dec 2022. The Credit Guarantee (Amendment) Act has been commenced in its entirety: no sections are outstanding.

Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 20 Jul 2022. The Payment of Wages (Amendment)(Tips and Gratuities) Act has been commenced in its entirety: no sections are outstanding.

Personal Injuries Resolution Board Act 2022 13 Dec 2022. The Personal Injuries Resolution Board Act has been commenced in its entirety: no sections are outstanding.

Sick Leave Act 2022 20 Jul 2022. The Sick Leave Act has been commenced in its entirety: no sections are outstanding.

Photo of Gerald NashGerald Nash (Louth, Labour)
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265. To ask the Minister for Enterprise, Trade and Employment the reasons the Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024 will not be enacted before the summer recess; if he will commit to introducing the Bill this autumn; and if he will make a statement on the matter. [28971/24]

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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In March 2024 Government approved the drafting of the Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024, which will implement a key commitment included in the Government’s response to the Pensions Commission Recommendations and Implementation Plan.

The purpose of the Bill is to align mandatory retirement ages in employment contracts with the State Pension age, age 66, where an employee does not consent to the mandatory retirement age. This element of consent reflects the fact that many employees may want to retire at the contractual retirement age.

Since Government gave approval to draft this Bill in March and the General Scheme was referred to the Joint Oireachtas Committee for pre-legislative scrutiny. The Committee published its report on 24 May.

The General Scheme was also referred to the Office of the Parliamentary Counsel for drafting, which is underway. Officials are working closely with drafters to ensure that this will be a robust and well-balanced legislative provision which facilitates any worker who wants to continue in employment until they can first access the State Pension. It also makes necessary provision for the limited cases where a lower retirement age may be required.

It is important that the Bill brought forward will be acceptable and workable for stakeholders and that it is carefully drafted to ensure any unintended consequences are avoided.

Once drafted, it is anticipated that the Bill will commence its passage through the Houses of the Oireachtas during the Autumn session.

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