tuarascáil bhliantúil eanáir 2014 nollaig 2014 · pdf...

TITHE AN OIREACHTAIS

AN COMHCHOISTE UM POIST, FIONTAIR AGUS

NUÁLAÍOCHT

TUARASCÁIL BHLIANTÚIL EANÁIR 2014 – NOLLAIG

2014

_______________

HOUSES OF THE OIREACHTAS

JOINT COMMITTEE ON JOBS, ENTERPRISE AND

INNOVATION

ANNUAL REPORT JANUARY 2014 – DECEMBER 2014

31 JEI 019

2

TABLE OF CONTENTS

1.Content and Format of Report 4

2.Establishment and Functions 4

2.1Establishment of Select Committee 4

2.2Establishment of Joint Committee 4

2.3Functions of Joint Committee 4

3.Chairperson, Vice-Chairperson and Membership 5

4.Meetings, Attendance and Recording 5

5.Number and Duration of Meetings 6

5.1Joint Committee 6

5.2Dáil Select Committee 6

6.Witnesses attending before the Committee(s) 6

7.Committee Reports Published 6

8.Travel 7

9.EU Mainstreaming 8

9.1Legislative Proposals 8

9.2EU Council Meetings 12

9.3Six-Monthly Report on Developments within the EU 12

10.Report on Functions and Powers 12

APPENDIX 1: Orders of Reference 13

APPENDIX 2: Membership 17

APPENDIX 3: Meetings of the Joint Committee 19

APPENDIX 4: Minutes of Proceedings of the Joint Committee 39

APPENDIX 5: Meetings of the Dáil Select Committees 137

APPENDIX 6: Minutes of Proceedings of the Dáil Select Committees 138

4

1. Content and Format of Report

This report has been prepared pursuant to Standing Order 86 (3), (4), (5) and (6) (Dáil

Éireann) and Standing Order 75 (3), (4), (5) and (6) (Seanad Éireann) which provide for

the Joint Committee to-

undertake a review of its procedure and its role generally;

prepare an annual work programme;

lay minutes of its proceedings before both Houses;

make an Annual Report to both Houses.

At its meeting on 22 September 2015 the Joint Committee agreed that all these items

should be included in this report covering the period from 1 January 2014 to 31 December

2014.

2. Establishment and Functions

2.1 Establishment of Select Committee

The Dáil Select Committee was established by Order of Dáil Éireann of the 12 June 2012,

to consider Bills, Estimates for Public Services, Motions, and the terms of any

international agreement involving a charge on public funds, which come within the aegis

of the Departments of Jobs, Enterprise and Innovation; Social Protection and Education

and Skills.

The Select Committee may also consider Annual Output Statements, Value for Money

Reviews and Policy Reviews prepared by the relevant Government Department.

2.2 Establishment of Joint Committee

The Dáil Select Committee, under the same Order, was enjoined with a Select Committee

of Seanad Éireann, established by Order of Seanad Éireann of the 12 June 2012 to form

the Joint Committee on Jobs, Enterprise and Innovation.

2.3 Functions of Joint Committee

Among the principal functions of the Joint Committee is the consideration of:

public affairs administered by the Department of Jobs, Enterprise and Innovation;

matters of policy for which the Minister for Jobs, Enterprise and Innovation;

legislative and expenditure proposals of the Departments;

5

EU legislative proposals;

Certain matters relating to bodies under the aegis of the Department of Jobs,

Enterprise and Innovation.

The Orders of Reference of the Dáil Select Committee and the Joint Committee are set out

at Appendix 1.

3. Chairperson, Vice-Chairperson and Membership

Deputy Damien English, who served as Chairperson of the Committee since 19 June 2012

was appointed to Minister of State for Skills, Research and Innovation at the Department

of Jobs, Enterprise and Innovation on 15 July 2014. As a result of his appointment,

Deputy Marcella Corcoran-Kennedy was appointed to the Committee by order of the Dáil

on 17 July 2014 and elected Chairperson on 22 July 2014. Deputy John Lyons is the Vice-

Chairperson of the Committee, having been elected to this position on 19 June 2012.

The Chairperson of the Joint Committee is also Chairperson of the Dáil Select Committee.

Membership of the Committees, including all internal changes within the reported period,

is listed at Appendix 2.

4. Meetings, Attendance and Recording

Meetings of the Joint and the Select Committees took place in the Committee rooms in

Leinster House 2000. Meetings were in public unless otherwise ordered by the

Committee.

Televised coverage of public meetings of the Committee was broadcast live within the

Leinster House complex and was available for subsequent public broadcasting by RTE

and TV3. The coverage was also webcast making it available worldwide on the internet.

Since the pilot launch of the Oireachtas TV channel in November 2011, the proceedings of

committees in public session, typically recorded but occasionally live, are now broadcast

on UPC channel 207, Sky channel 574 and eVision (Eircom) channel 504.

An Official Report (Parliamentary Debate) of the public meetings of the Committee may

be viewed on the Houses of the Oireachtas website at www.oireachtas.ie.

http://www.oireachtas.ie/

6

Copies of other reports published by the Joint Committee are also available on the

Oireachtas Committee website pages at www.oireachtas.ie. A list of these reports is set

out at paragraph 7.

5. Number and Duration of Meetings

5.1 Joint Committee

The Joint Committee met on 32 occasions from 1 January 2014 to 31 December 2014.

The number of hours of discussion involved in these meetings was in excess of 56 hours.

The subject matter of each meeting of the Joint Committee, including the groups,

organisations or individuals who attended the meetings, is detailed in Appendix 3. The

Minutes of Proceedings of the Joint Committee in public session are attached at Appendix

4.

5.2 Dáil Select Committee

The Dáil Select Committee met on 9 occasions during the period under report. The

number of hours of discussion involved in these meetings was in excess of 13 hours.

These Select meetings are included in the list of meetings at Appendix 5. The proceedings

(Imeachtaí) of the Select Committee are attached at Appendix 6.

6. Witnesses attending before the Committee

During the period, the number of speaking witnesses for the Joint Committee was 135.

7. Committee Reports Published

During the period under report, the Joint Committee published the following reports:

Travel Report on Familiarisation Visit to the European Union Institutions.

Policy Report on Access to Finance for SME’s.

Annual Report 2013.

Work Programme 2014.

EU Scrutiny Report on Political Contribution on the Proposal for a Council

Decision in the Conclusion of the Trade Agreement between the European Union

and Colombia and Peru.

Pre-Legislative Scrutiny Report on Hearings in Relation to the Scheme of the

Industrial Relations (Amendment) Bill.

http://www.oireachtas.ie/

7

8. Travel.

The Joint Committee undertook the following travel in accordance with its Orders of

Reference in connection with its Work Programme:

1. Purpose of travel: Familiarisation Visit to the European Institutions.

Date and Destination: Brussels 7 - 9 January.

Members travelling: Deputies Damien English, John Lyons, Dara

Calleary, Áine Collins, Seán Kyne and Anthony

Lawlor. Senator David Cullinane.

Accompanying Official: Committee Clerk Marie Fennell, EU Policy Clerks

Bríd Dunne and Fiona Cashin, Oireachtas National

Representative in Brussels Derek Dignam.

2. Purpose of travel: Science Foundation Ireland.

Date and Destination: Cork 13 – 14 July.

Members travelling: Deputies Damien English, Dara Calleary, Áine

Collins and Peadar Tóibín.

Accompanying Official: Senior Clerk Treasa Carroll.

3. Purpose of travel: Meeting with Northern Ireland Assembly

Committee on Enterprise, Trade and Investment on

cross-border development.

Date and Destination: Belfast 3 November.

Members travelling: Deputies Marcella Corcoran-Kennedy, Dara

Calleary, Peadar Tóibín, Anthony Lawlor. Senators

Michael Mullins, Feargal Quinn, Mary White.

Accompanying Official: Committee Clerk Marie Fennell, Committee EU

Policy Advisor Kieran Tuohy.

4. Purpose of travel: Meeting of Chairpersons of Committees specialised

on Employment, Research and Innovation.

Date and Destination: Rome 20 – 21 November.

Members travelling: Deputy Marcella Corcoran-Kennedy.

Accompanying Official: Committee Clerk Marie Fennell.

8

9. EU Mainstreaming.

9.1 Legislative Proposals

In the period January to December 2014, the Joint Committee considered European Union

matters at 13 meetings involving consideration of some 99 legislative proposals.

The Joint Committee decided that fifteen proposals should be further scrutinised and

further action to be taken on three proposals listed below.

PROPOSAL

NO.

PROPOSAL TITLE – Further Scrutiny Status

COM(2013)813

Proposal for a Directive of the European Parliament

and of the Council on the protection of undisclosed

know-how and business information (trade secrets)

against their unlawful acquisition, use and disclosure

(Text with EEA relevance) {SWD(2013) 471 final}

{SWD(2013) 472 final} {SWD(2013) 493 final}.

Link here: COM(2013)813

Concluded

COM(2014)1

Proposal for a Regulation of the European Parliament

and of the Council amending Council Regulation (EC)

No 1236/2005 concerning trade in certain goods which

could be used for capital punishment, torture or other

cruel, inhuman or degrading treatment or punishment.


Concluded

COM(2014)212


and of the Council on single-member private limited

liability companies (Text with EEA relevance)

{SWD(2014) 123 final} {SWD(2014) 124 final}

{SWD(2014) 125 final}.


Not

Concluded

COM(2014)213


and of the Council amending Directive 2007/36/EC as

regards the encouragement of long-term shareholder

engagement and Directive 2013/34/EU as regards

certain elements of the corporate governance statement.


Not

Concluded

http://ec.europa.eu/internal_market/iprenforcement/docs/trade-secrets/131128_proposal_en.pdf

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2014:0001:FIN:EN:PDF

http://ec.europa.eu/internal_market/company/docs/modern/cgp/smcd/140409-smcd_en.pdf

http://ec.europa.eu/internal_market/company/docs/modern/cgp/shrd/140409-shrd_en.pdf

9

PROPOSAL

NO.


COM(2014)221

Proposal for a Decision of the European Parliament and

of the Council on establishing a European Platform to

enhance cooperation in the prevention and deterrence

of undeclared work (Text with EEA relevance)



Concluded

COM(2014)344


and of the Council on the dissemination of Earth

observation satellite data for commercial purposes.


Not

Concluded

COM(2014)345


and of the Council on common rules for imports of

textile products from certain third countries not

covered by bilateral agreements, protocols or other

arrangements, or by other specific Union import rules

(recast).


Concluded

COM(2014)452

Proposal for a Council Directive implementing the

European Agreement concluded by the European Barge

Union (EBU), the European Skippers Organisation

(ESO) and the European Transport Workers’

Federation (ETF) concerning certain aspects of the

organisation of working time in inland waterway

transport.


Not

Concluded

COM(2014)503

Proposal for a Council Decision on the conclusion on

behalf of the European Union and its Member States of

the Additional Protocol to the Trade Agreement

between the European Union and its Member States, of

the one part, and Colombia and Peru, of the other part,

to take account of the accession of Croatia to the

European Union.


Concluded


http://eur-lex.europa.eu/resource.html?uri=cellar:c638458e-f606-11e3-831f-01aa75ed71a1.0020.03/DOC_1&format=PDF


http://eur-lex.europa.eu/resource.html?uri=cellar:21958031-05db-11e4-831f-01aa75ed71a1.0003.02/DOC_1&format=PDF

http://eur-lex.europa.eu/resource.html?uri=cellar:8c26b739-1d64-11e4-8c3c-01aa75ed71a1.0021.02/DOC_1&format=PDF

10

PROPOSAL

NO.


COM(2014)504

Proposal for a Council Decision on the signing, on

behalf of the European Union and its Member States,

and provisional application of the Additional Protocol

to the Trade Agreement between the European Union

and its Member States, of the one part, and Colombia

and Peru, of the other part, to take account of the

accession of Croatia to the European Union.


Concluded

COM(2014)539

Proposal for a Council Decision establishing the

position to be taken by the European Union within the

Committee on Government Procurement on the

withdrawal of the Union objections to the delisting of

three entities from Japan's Annex 3 to Appendix I to

the Agreement on Government Procurement.


Concluded

COM(2014)585


and of the Council on the tariff treatment for goods

originating from Ecuador.


Not

Concluded

COM(2014)573

Proposal for a Council Decision establishing the

position to be taken on behalf of the European Union

within the Committee on Government Procurement on

the accession of Montenegro to the Agreement on

Government Procurement.


Concluded

COM(2014)574

Procurement on the accession of New Zealand to the

Agreement on Government Procurement.


Concluded

COM(2014)693

Proposal for a Council Regulation amending

Regulation (EU) No 1388/2013 opening and providing

for the management of autonomous tariff quotas of the

Union for certain agricultural and industrial products


Not

Concluded

http://eur-lex.europa.eu/resource.html?uri=cellar:dddbaa58-1d4f-11e4-8c3c-01aa75ed71a1.0004.01/DOC_1&format=PDF


http://eur-lex.europa.eu/resource.html?uri=cellar:856d90ae-4a1b-11e4-a0cb-01aa75ed71a1.0003.03/DOC_1&format=PDF

http://eur-lex.europa.eu/resource.html?uri=cellar:d74896b9-3db9-11e4-8c3c-01aa75ed71a1.0022.02/DOC_1&format=PDF

http://eur-lex.europa.eu/resource.html?uri=cellar:c913f627-3db9-11e4-8c3c-01aa75ed71a1.0023.01/DOC_1&format=PDF

http://eur-lex.europa.eu/resource.html?uri=cellar:e642cd23-6e3f-11e4-9680-01aa75ed71a1.0003.01/DOC_1&format=PDF

11

PROPOSAL

NO. PROPOSAL TITLE – Further Action Status

COM(2011)569

Proposal for a Council Decision on the conclusion of

the Trade Agreement between the European Union and

Colombia and Peru


Political

Contribution

submitted

COM(2014)166


and of the Council on the reduction or elimination of

customs duties on goods originating in Ukraine


Not

Concluded

Adopted

Measure

COM(2014)170

Proposal for a Council Decision on a position to be

taken by the European Union within the Trade

Committee set up by the Trade Agreement between the

European Union and its Member States, of the one

part, and Colombia and Peru, of the other part, as

regards the adoption of the Rules of Procedure for the

Trade Committee, the Rules of Procedure and Code of

Conduct for arbitrators, the establishment of the lists of

arbitrators and the list of experts of the Group of

Experts, and the adoption of the Rules of Procedure for

the Group of Experts on Trade and Sustainable

Development


Not

Concluded

Adopted

Measure

In 2014 the Joint Committee laid two Reports before both Houses of the Oireachtas as

follows:

PROPOSAL NO.

Date Report laid PROPOSAL TITLE

COM(2011)569

10 December 2014

Political Contribution - Political Contribution on the Proposal

for a Council Decision on the conclusion of the Trade

Agreement between the European Union and Colombia and

Peru


http://eur-lex.europa.eu/resource.html?uri=cellar:a2717ec9-aabb-11e3-86f9-01aa75ed71a1.0021.01/DOC_1&format=PDF

http://eur-lex.europa.eu/resource.html?uri=cellar:55937f63-b342-11e3-86f9-01aa75ed71a1.0020.01/DOC_1&format=PDF

http://www.oireachtas.ie/parliament/media/committees/Political-Contribution-on-the-Proposal-for-a-Council-Decision-on-the-conclusion-of-the-Trade-Agreement-between-the-European-Union-and-Colombia-and-Peru.pdf

12

16 July 2014

Political Contribution / Dialogue - Report on Access to

Finance for Small and Medium Enterprises (SMEs)

9.2 EU Council Meetings

The Joint Committee heard oral briefing from the Minister for Jobs, Enterprise and

Innovation and the Minster of State for Research and Innovation in advance of their

attendance at EU Council meetings and Innovation and the Minister of State for Business

and Employment in advance of their attendance at EU Council meetings, on the following

dates:-

JC MEETING

DATE MINISTER

EU PRE-COUNCIL

MEETING

18 February 2014 Min. Richard Bruton COMPET Council Meeting

20/21 February 2014

4 March 2014 Min. Richard Bruton EPSCO Pre-Council Meeting

10 March 2014

10 June 2014 Min. Richard Bruton EPSCO Pre-Council Meeting

19/20 June.

7 October 2014 MoS Ged Nash EPSCO Pre-Council Meeting

16 October

9.3 Six-Monthly Report on Developments within the EU

The Joint Committee met with Mr. John Murphy, Secretary General at the Department of

Jobs, Enterprise and Innovation in relation to the Six Monthly Report for the period of

January to June 2013 on the 28 January 2014.

10. Report on Functions and Powers

The Joint Committee is currently satisfied with its present procedures and role.

Marcella Corcoran-Kennedy T.D.

Chair

22 September 2015

http://www.oireachtas.ie/parliament/media/committees/jobsenterpriseandinnovation/Access-to-Finance-for-SMEs-with-links-15-July.pdf

13

APPENDIX 1: Orders of Reference

A. Functions of the Committee – derived from Standing Orders [DSO 82A; SSO

70A]

(1) The Select Committee shall consider and report to the Dáil on—

(a) such aspects of the expenditure, administration and policy of the relevant

Government Department or Departments and associated public bodies as

the Committee may select, and

(b) European Union matters within the remit of the relevant Department or

Departments.

(2) The Select Committee may be joined with a Select Committee appointed by

Seanad Éireann to form a Joint Committee for the purposes of the functions set

out below, other than at paragraph (3), and to report thereon to both Houses of

the Oireachtas.

(3) Without prejudice to the generality of paragraph (1), the Select Committee shall

consider, in respect of the relevant Department or Departments, such—

(a) Bills,

(b) proposals contained in any motion, including any motion within the

meaning of Standing Order 164,

(c) Estimates for Public Services, and

(d) other matters

as shall be referred to the Select Committee by the Dáil, and

(e) Annual Output Statements, and

(f) such Value for Money and Policy Reviews as the Select Committee may

select.

(4) The Joint Committee may consider the following matters in respect of the

relevant Department or Departments and associated public bodies, and report

thereon to both Houses of the Oireachtas:

(a) matters of policy for which the Minister is officially responsible,

(b) public affairs administered by the Department,

(c) policy issues arising from Value for Money and Policy Reviews

conducted or commissioned by the Department,

(d) Government policy in respect of bodies under the aegis of the

Department,

14

(e) policy issues concerning bodies which are partly or wholly funded by the

State or which are established or appointed by a member of the

Government or the Oireachtas,

(f) the general scheme or draft heads of any Bill published by the Minister,

(g) statutory instruments, including those laid or laid in draft before either

House or both Houses and those made under the European Communities

Acts 1972 to 2009,

(h) strategy statements laid before either or both Houses of the Oireachtas

pursuant to the Public Service Management Act 1997,

(i) annual reports or annual reports and accounts, required by law, and laid

before either or both Houses of the Oireachtas, of the Department or

bodies referred to in paragraph (4)(d) and (e) and the overall operational

results, statements of strategy and corporate plans of such bodies, and

(j) such other matters as may be referred to it by the Dáil and/or Seanad from

time to time.

(5) Without prejudice to the generality of paragraph (1), the Joint Committee shall

consider, in respect of the relevant Department or Departments—

(a) EU draft legislative acts standing referred to the Select Committee under

Standing Order 105, including the compliance of such acts with the

principle of subsidiarity,

(b) other proposals for EU legislation and related policy issues, including

programmes and guidelines prepared by the European Commission as a

basis of possible legislative action,

(c) non-legislative documents published by any EU institution in relation to

EU policy matters, and

(d) matters listed for consideration on the agenda for meetings of the relevant

EU Council of Ministers and the outcome of such meetings.

(6) A sub-Committee stands established in respect of each Department within the remit

of the Select Committee to consider the matters outlined in paragraph (3), and the

following arrangements apply to such sub-Committees:

(a) the matters outlined in paragraph (3) which require referral to the Select

Committee by the Dáil may be referred directly to such sub-Committees, and

(b) each such sub-Committee has the powers defined in Standing Order 83(1) and

(2) and may report directly to the Dáil, including by way of Message under

Standing Order 87.

15

(7) The Chairman of the Joint Committee, who shall be a member of Dáil Éireann,

shall also be the Chairman of the Select Committee and of any sub-Committee

or Committees standing established in respect of the Select Committee.

(8) The following may attend meetings of the Select or Joint Committee, for the

purposes of the functions set out in paragraph (5) and may take part in

proceedings without having a right to vote or to move motions and

amendments:

(a) Members of the European Parliament elected from constituencies in

Ireland, including Northern Ireland,

(b) Members of the Irish delegation to the Parliamentary Assembly of the

Council of Europe, and

(c) at the invitation of the Committee, other Members of the European Parliament.

16

B. Scope and Context of Activities (derived from Standing Orders [DSO 82; SSO 70]

(1) The Joint Committee may only consider such matters, engage in such activities,

exercise such powers and discharge such functions as are specifically authorised

under its orders of reference and under Standing Orders.

(2) Such matters, activities, powers and functions shall be relevant to, and shall arise

only in the context of, the preparation of a report to the Dáil and/or Seanad.

(3) It shall be an instruction to all Select Committees to which Bills are referred that

they shall ensure that not more than two Select Committees shall meet to consider a

Bill on any given day, unless the Dáil, after due notice given by the Chairman of the

Select Committee, waives this instruction on motion made by the Taoiseach

pursuant to Dáil Standing Order 26. The Chairmen of Select Committees shall have

responsibility for compliance with this instruction.

(4) The Joint Committee shall not consider any matter which is being considered, or of

which notice has been given of a proposal to consider, by the Committee of Public

Accounts pursuant to Dáil Standing Order 163 and/or the Comptroller and Auditor

General (Amendment) Act 1993.

(5) The Joint Committee shall refrain from inquiring into in public session or publishing

confidential information regarding any matter if so requested, for stated reasons

given in writing, by—

(a) a member of the Government or a Minister of State, or

(b) the principal office-holder of a body under the aegis of a Department or which

is partly or wholly funded by the State or established or appointed by a

member of the Government or by the Oireachtas:

Provided that the Chairman may appeal any such request made to the Ceann

Comhairle / Cathaoirleach whose decision shall be final.

17

APPENDIX 2: Membership

List of Members (Joint Committee)

Chairperson: Marcella Corcoran-Kennedy (FG)

Deputies: Dara Calleary (FF)

Áine Collins (FG)

Michael Conaghan (LAB)

Damien English (FG)

Seán Kyne (FG)

Anthony Lawlor (FG)

John Lyons (LAB) (Vice-Chairman)

Jonathan O’Brien (SF)

Peadar Tóibín (SF)

Mick Wallace (IND)

Senators: Deirdre Clune (FG)

David Cullinane (SF)

John Kelly (LAB)

Michael Mullins (FG)

Hildegarde Naughton (FG)

Feargal Quinn (IND)

Mary White (FF)

Notes:

1. Deputy Peadar Tóibín replaced Deputy Jonathan O’Brien on 12 February 2014

2. Senator Deirdre Clune ceased to be a Member of this Committee on her Election to

the European Parliament on 23 May 2014

3. Deputy Marcella Corcoran-Kennedy replaced Deputy Damien English on 17 July

2014

4. Deputy Marcella Corcoran-Kennedy was appointed to the Committee by order of

the Dáil on 17 July 2014 and elected Chairperson on 22 July 2014

5. Senator Hildegarde Naughton was appointed to the Committee by order of the

Seanad on 2 December 2014

18

List of Members (Select Committee)

Chairperson: Marcella Corcoran-Kennedy (FG)

Deputies: Dara Calleary (FF)

Áine Collins (FG)

Michael Conaghan (LAB)

Damien English (FG)

Seán Kyne (FG)

Anthony Lawlor (FG)

John Lyons (LAB) (Vice-Chairman)

Jonathan O’Brien (SF)

Peadar Tóibín (SF)

Mick Wallace (IND)

Notes:

1. Deputy Peadar Tóibín replaced Deputy Jonathan O’Brien on 12 February 2014

2. Deputy Marcella Corcoran-Kennedy replaced Deputy Damien English on 17 July

2014

3. Deputy Marcella Corcoran-Kennedy was appointed to the Committee by order of

the Dáil on 17 July 2014 and elected Chairperson on 22 July 2014

19

APPENDIX 3: Meetings of the Joint Committee

The following are the details, in date order, of the scheduled meetings of the Joint

Committee which took place during the period under report.

Meeting No.

and Date

Topic Organisations, Groups and Individuals

who attended

J56

28/01/2014

Action Plan for Jobs, Six-

Monthly Report.

Update on developments

on COM(2013)207.

Department of Jobs, Enterprise and

Innovation:

Mr. John Murphy, Secretary General

Mr. Thomas Murray, Principal

Officer EU Affairs and Internal

Market

Mr. Gerard Monks, Principal Officer

Trade Unit

Mr. Pat Kelly, Assistant Principal

Officer Office of Science and

Technology

Mr. Paul Cullen, Principal Officer

Labour Affairs Unit

Mr. Martin Shanahan, CEO Forfás

Mr. William Parnell, Principal

Officer Competitiveness and Jobs

Division

Mr. Patrick Rochford

Ms. Nina Brennan

J57

04/02/2014

Discussion on the

Research and

Development landscape.


Innovation:

Mr. Seán Sherlock T.D. Minister of

State, Department of Enterprise,

Jobs & Innovation

Ms. Pauline Mulligan

Mr. Aidan Hodson

Ms. Anne Coleman Dunne

Ms. Fionna Hallinan

20

Meeting No.

and Date


who attended

J58

11/02/2014

Discussion on the draft EU

Work Programme 2014.

Discussion on

Crowdfunding.

Scrutiny of EU Proposals

Schedule A –

COM(2013)813.

Schedule B-

COM(2013)688;

COM(2013)689;

COM(2013)718;

COM(2013)746;

COM(2013)802;

COM(2013)835;

COM(2013)926;

COM(2014)3;

EWN(2013)L 316-8;

EWN(2013)C 371-19;

EWN(2013)C 372-21.

Linked Finance:

Mr. Peter O’Mahony, CEO

Mr. Marc Rafferty, CMO

HSD HealthCare:

Mr. Maurice McMonagle

Greenaer.ie:

Ms. Lisa Reddin

Mr. Olivier Vander Elst

J59

18/02/2014

Discussion on the

forthcoming European

Council of COMPET.


Innovation:

Mr. Richard Bruton T.D.,

Minister for Jobs, Enterprise and

Innovation,

Ms. Orla O’Brien, AP

Competitiveness

Mr. Tommy Murray, PO EU

Affairs

Mr. Philip Kelly, Assistant

Secretary EU Affairs and Trade

Policy

Mr. Garry Purcell, HEO State Aid

Unit

J60

25/02/2014

Discussion on The

Entrepreneurship Forum’s

recently published report

entitled “Entrepreneurship

in Ireland – Strengthening

the Startup Community”.

Entrepreneurship Forum:

Mr. Seán O’Sullivan, Chair

Ms. Wendy Gray, SME Policy

Unit, Dept. of JEI

Mr. Daniel Ramamoorthy,

Founder & CEO Treehours

Prof. Tom Cooney, DIT

21

Meeting No.

and Date


who attended

J61

04/03/2014

Discussion on the

forthcoming European

Council meeting on

Employment, Social

Policy, Health and

Consumer Affairs

(EPSCO).

The Action Plan for Jobs

2014.

An update on the

recommendations

contained in the following

Committee reports

published during 2013:

Creating Policies that

Work – Actions to

address Youth and

Long-Term

Unemployment.

Exploring a new

approach to providing

mentor services for the

Small and Medium

Enterprise (SME)

Sector in Ireland.

South East Economic

Development Strategy

(SEEDS) Plant the

SEEDS – Grow the

Economy.

Budget Allocations for

2014 and how they are

going to be spent.

The effect of the

moratorium on recruitment

on Enterprise Ireland’s

activities.


Innovation:



Innovation


Mr. Dermot Sheridan, Indigenous

Enterprise Development Unit &

NSAI

Mr. William Parnell, Head of

Competitiveness, Climate Change

and Forfas Liaison

Mr. Stephen Curran, Principal

Officer

Mr. Fergal Cullen, Assistant

Principal; Estimates, Salaries,

Travel, Social Insurance Fund

22

Meeting No.

and Date


who attended

J62

25/03/2014

Discussion on

InterTradeIreland’s

recently published report

entitled “Access to

Finance for Growth for

SME’s on the Island of

Ireland”.


Schedule A-

COM(2013)813.

Schedule B-

COM(2013)775;

COM(2013)932;

COM(2014)1;

COM(2014)41;

COM(2014)42;

COM(2014)50;

COM(2014)51;

COM(2014)87;

COM(2014)108;

EWN(2013)C 351-27;

EWN(2014)C 27-15;

EWN(2014)L 10-11;

EWN(2014)C 28-11.

InterTradeIreland:

Mr. Aidan Gough, Director of

Strategy and Policy

Dr. Eoin Magennis, Policy

Research Manager

J63

01/04/2014

Discussion on the Personal

Injuries Assessment

Board’s contribution to the

Irish Economy and

opportunities ahead for

both citizens and the State.

Personal Injuries Assessment Board:

Ms. Dorothea Dowling,

Chairperson

Mr. O’Toole, Vice Chairperson

Ms. Patricia Byron, Chief

Executive

Mr. Stephen Watkins, Board

Secretary

23

Meeting No.

and Date


who attended

J64

08/04/2014

Discussion on Access to

Finance for SME’s –

investment commitments

to the SME sector in

Ireland.

• SME Turnaround Fund

• SME Credit Fund

• SME Equity Fund


Schedule A -

COM(2014)1.

Schedule B -

COM(2014)81;

COM(2014)121;

COM(2014)125.

National Treasury Management Agency:

Mr. Eugene O’Callaghan,

Investment Director

Mr. Nick Ashmore, Deputy

Investment Director

Ms. Emma Jane Joyce, Senior

Investment Manager

24

Meeting No.

and Date


who attended

J65

15/04/2014


Finance for SME’s

(resumed).

Bank of Ireland:

Mr. Richie Boucher, Group Chief

Executive

Mr. Liam McLoughlin, Chief

Executive, Retail Ireland

Mr. Pat Farrell, Head of Group

Communications

Ulster Bank:

Mr. Jim Brown, Chief Executive

Ms. Ellvena Graham, Managing

Director of SME’s

Mr. Andrew Blair, Wholesale

Chief Credit Officer

Allied Irish Banks:

Mr. Bernard Byrne, Director of

Personal Business and Corporate

Banking

Mr. Brendan O’Connor, Head of

Financial Solutions Group

Mr. Denis O’Callaghan, Head of

Branch Banking

Mr. Ken Burke, Head of Business

Banking

J66

06/05/2014


Finance for SME’s

(resumed).

Credit Review Office:

Mr. John Trethowan, Credit

Reviewer

Chambers Ireland:

Mr. Seán Murphy, Deputy Chief

Executive

Mr. Barry Peak, Policy and

Research Executive

(3 officials removed as they were only in

private session, 2 of them spoke)

25

Meeting No.

and Date


who attended

J67

13/05/2014


Finance for SME’s

(resumed).


Schedule A -

COM(2014)186;

COM(2014)212;

COM(2014)213;

COM(2014)221.

Irish Small Medium Enterprises:

Mr. Mark Fielding, CEO

IBEC:

Ms. Sharon Higgins, Head of

Sectors

Mr. John O’Dea, CEO Crospon

Mr. John Chamney, Director of

Walsh Whiskey

Mr. Karl Flannery, CEO Storm

Technology

Small Firms Association:

Mr. AJ Noonan, Chairman

Ms. Patricia Callan, Director

Ms. Avine McNally, Assistant

Director

26

Meeting No.

and Date


who attended

J68

27/05/2014


Finance for SME’s

(resumed).

Further Scrutiny by

officials from the

Department of Jobs,

Enterprise and Innovation

on COM(2014)221.

Proposal for a Decision of

the European Parliament

and of the Council on

establishing a European

Platform to enhance

cooperation in the

prevention and deterrence

of undeclared work.

Irish Venture Capital Association:

Ms. Regina Breheny, Director

General of IVCA

Mr. Mark Horgan, Chair of

IVCA, Partner in Atlantic Bridge

Ventures

Mr. John Flynn, Vice Chair

IVCA, Partner in ACT Venture

Capital

Forfás:

Mr. Martin Shanahan, Chief

Executive

Mr. Adrian Devitt, Manager,

Economic Analysis,

Competitiveness, Infrastructure

and Tax and Finance Policy

Department

Ms. Maria Ginnity, Manager,

Enterprise Policy and Evaluations

Department

Department of Jobs Enterprise and

Innovation:

Mr. Paul Cullen, Principal

Officer, Labour Market and EU-

EPSCO Coordination Unit

Mr. Dermot Sheridan, Principal

Officer, Employment Rights

Section

27

Meeting No.

and Date


who attended

J69

05/06/14


Finance for SME’s

(resumed).

Irish League of Credit Unions:

Mr. David Matthews, Business

Unit Manager

Mr. Kieron Brennan, CEO

Credit Union Development Association

(CUDA):

Mr. Kevin Johnson, CEO

Ms. Elaine Larke, Head of Legal

and Compliance

Credit Union Managers Association

(CUMA):

Mr. Seán Murray, Training

Director CUMA and CEO of

Naas Credit Union

Mr. Gerard McConville, Member

(CUMA) and CEO in Dundrum

Credit Union

Dublin Business and Innovation Centre:

Mr. Alex Hobbs, Fund Portfolio

Manager

Mr. Richard Watson, Investment

Manager

28

Meeting No.

and Date


who attended

J70

10/06/2014

Discussion on Country

Specific

Recommendations for

Ireland.

Discussion on the

proposed job losses and

restructuring in Bausch

and Lomb, Waterford.

Discussion on the

Employment Permits

Legislation.


Innovation:



Innovation


Mr. Padraig Hennessy, Principal

Officer

Mr. Stephen Curran, Principal

Officer

Mr. Michael Greene, Assistant

Principal Officer

Migrant Rights Centre Ireland:

Mr. Pablo Rojas Coppari, Policy

Officer

Ms. Gráinne O’Toole, Work

Place Rights and Forced Labour

Co-ordinator

Mr. Mohammed Younis,

Volunteer & activist with MRCI

Mr. Waseem Yousaf, Volunteer

& activist with MRCI

Mr. Enamur Chowdhury,

Volunteer & activist with MRCI

J71

11/06/2014

Discussion on European

measures to support the

Irish SME sector.

Enterprise and Industry Directorate

General of the European Commission

and Special Envoy for SMEs:

Mr. Daniel Calleja Crespo,

Director General

Ms. Barbara Nolan, European

Commission

Mr. Stephan Lebrun, European

Commission

29

Meeting No.

and Date


who attended

J72

17/06/2014

Discussions on measures

to support business growth

and job creation and

retention in town and

village centres.

Retail Ireland:

Mr. Stephen Lynam, Director

Mr. Stephen Sealey, Managing

Director Brown Thomas

Mr. Bob Parker, Director of

Operations at Clerys

Mr. Karl Flannery, CEO Storm

Technology

Retail Excellence Ireland:

Mr. David Fitzsimons, Director

Mr. Martin Blackwell, CEO

Association of Town Centre

Management (UK)

Mr. Cormac Kennedy, Chairman

REI Town Revival Committee

and Head of Property, Easons

30

Meeting No.

and Date


who attended

J73

24/06/2014

Discussion on measures to

support business growth



village centres (resumed).

Discussion on the

Employment Permits Bill

2014.

Scrutiny of EU Proposals.

Schedule A-

COM(2014)116;

COM(2014)258;

COM(2014)170.

Schedule B-

COM(2013)781;

COM(2014)161,

COM(2014)223;

COM(2014)239;

COM(2014)261

COM(2014)283

COM(2014)298;

EWN:2014/C138/33;

EWN:2014/C 44/14.

Chambers Ireland:

Mr. Ian Talbot, Chief Executive

Mr. Seán Murphy, Deputy Chief

Executive

Mr. Mark O’ Mahony, Director of

Policy

RGDATA:

Ms. Tara Buckley, Director

General

Mr. Colin Fee, Director

Mr. Eamonn Gavin, Director,

Mr. Hugh Doyle, Member

NASC:

Ms. Claire Cumisky, Legal

Officer

J74

01/07/2014

Discussion on measures to

support business growth




ISME:

Mr. Mark Fielding, Chief

Executive

New Generation Development:

Mr. John Moran

31

Meeting No.

and Date


who attended

J75

08/07/2014

Discussion on

COM(2014)212 and

COM(2014)213.

Discussion on StartUp

Ireland’s action plan for

job creation and

innovation.

Consideration of the

motion regarding

Protection of Young

Persons (Employment)

(Exclusion of Workers in

the Fishing and Shipping

Sectors) Regulations 2014.


Schedule B -

COM(2014)110;

COM(2014)304;

COM(2014)305;

COM(2014)308;

COM(2014)317;

COM(2014)318;

COM(2014)321;

COM(2014)322;

COM(2014)323;

COM(2014)343;

EWN(2014)C171-11.


Innovation:

Mr. John Perry T.D., Minister of

State

Mr. Dermot Sheridan, Principal

Officer, Employment Rights

Policy Section

Mr. Pat A Houlihan, Principal

Officer

Ms. Sabha Green, Assistant

Principal

Mr. John Moynihan, Professional

Accountant

StartUp Ireland:

Mr. Eoin Costello

Mr. Sean Blanchfield

Ms. Fionnuala Healy

Mr. Gene Murphy

Mr. Karl Aherne

Department of Transport, Tourism and

Sport:

Ms. Hilary Dalton, Dept. of

Transport, Tourism and Sport

Mr. Brian Hogan, Dept. of

Transport, Tourism and Sport

32

Meeting No.

and Date


who attended

J76

15/07/2014

Discussion on Enterprise

Ireland’s Annual Report

2013 and progress to date

including the National

Micro Enterprise Policy.

Engagement with

Chairman Designate

(Personal Injuries

Assessment Board (PIAB).

Enterprise Ireland:

Ms. Julie Sinnamon, CEO

Mr. Niall O’Donnellan,

Divisional Manager

Mr. Tom Hayes, Divisional

Manager Micro and Small

Business Unit

Personal Injuries Assessment Board:

Mr. Dermot Divilly, Chairman

Designate PIAB

J77

22/07/2014

Election of Chairperson.

J78

16/09/2014

Discussion on the In-Year

Review of Vote 32.


Innovation:



Innovation

Mr. Damien English T.D.,

Minister of State at the

Departments of Education and

Skills & the Department of Jobs,

Enterprise and Innovation with

Special Responsibility for Skills,

Research and Innovation

Mr. Cathal O’Gorman, Finance

Officer

Mr. Fergal Cullen, Finance Unit

Ms. Eadaoin Collins, Office of

Science, Technology and

Innovation - Industry R&D,

Finance and European Space

Agency Policy

Mr. Eugene Forde, Micro-

enterprise Policy Unit

Mr. Stephen Curran

Mr. Pat Kelly

Ms. Orla Maher

Mr. Dermot Curran

33

Meeting No.

and Date


who attended

J79

23/09/2014

Private Meeting.

J80

30/09/2014

Discussion on policy

options to support business

growth and job creation

and retention in town and



Schedule A -

COM(2014)344.

Schedule B -

COM(2014)319;

COM(2014)341;

COM(2014)345;

COM(2014)377;

COM(2014)391;

COM(2014)448;

COM(2014)452;

COM(2014)495;

COM(2014)496;

COM(2014)534;

COM(2014)539;

COM(2014)542;

COM(2014)543.

Vintners Federation of Ireland:

Mr. Padraig Cribben, CEO

Mr. Dónal O’Keeffe, CEO

Licensed Vintners Association

Mr. Adrian Cummins, CEO

Restaurants Association of Ireland

Mr. John Nealon, Chairman of

Licenced Vintners Association

Hardware Association Ireland:

Ms. Annemarie Harte, CEO

Mr. Jim Copeland, Head of

Member Relations

Mr. Alex Taylor, Sales Director

Uppercross Enterprises Ltd.

Ms. Heather Graham, Maurice

Graham Ltd.

34

Meeting No.

and Date


who attended

J81

07/10/2014

Discussion on the Credit

Guarantee Scheme and an

update on the South East

Economic Development

Strategy (SEEDS) Report.

Briefing in advance of the

EPSCO Council meeting.


Schedule A -

COM(2014)452.


Innovation:



Innovation

Ms. Nina Brennan

Mr. Padraig Hennessy

Mr. Gerry Wrynn


Innovation:

Mr. Gerald Nash T.D., Minister

for Business and Employment

Mr. Paul Cullen

Mr. Dermot Sheridan

Mr. Eamonn Gallagher

Department of Trade, Transport and

Sport:

Ms. Eilish Kennedy

35

Meeting No.

and Date


who attended

J82

21/10/2014

Discussion on issues for

small suppliers in respect

of access to public

procurement contracts and

related matters.


Schedule A -

COM(2014)345;

COM(2014)503;

COM(2014)504.

ScheduleB -

Com(2014)516;

Com(2014)517;

Com(2014)539;

Com(2014)573;

Com(2014)574;

EWN (2014)C 217 - 10

Biodiesel USA;

EWN (2014)C 217-11

Biodiesel USA;

EWN(2014)C 250-07;

EWN(2014)C 252-05;

EWN(2014)L 192-42;

EWN(2014)L 246-1;

EWN(2014)C 295-6.

EMS Copiers:

Mr. John O’Brien

Mr. Dave O’Reilly

O’Brien Press:

Mr. Michael O’Brien

Mr. Brendan Bannigan

Alan Hanna’s Bookshop:

Ms. Mary Fallon

Mr. John McNamee

Office of Government Procurement:

Mr. Paul Quinn

Mr. Vincent Campbell

Ms. Theresa Ryan

DCU:

Dr. Paul Davis

IBEC:

Mr. Aidan Sweeney

Mr. Fergal O’Brien

36

Meeting No.

and Date


who attended

J83

11/11/2014

Pre-Legislative Scrutiny

on the General Scheme of

the Industrial Relations

(Amendment) Bill 2014.


Schedule A-

COM(2014)452;

COM(2014)539;

COM(2014)573;

COM(2014)574.


Innovation:

Mr. Gerald Nash T.D., Minister

for Business and Employment

Mr. Paul Cullen

Mr. Dermot Sheridan

Mr. Eamonn Gallagher

Mr. Liam Kelly, Principal Officer

Mr. Michael Greene, Assistant

Principal

Labour Relations Commission:

Mr. Kieran Mulvey

Irish Congress of Trade Unions:

Ms. Patricia King

Ms. Esther Lynch

37

Meeting No.

and Date


who attended

J84

18/11/2014

Pre-Legislative Scrutiny

on the General Scheme of

the Industrial Relations


Agreements with

Stakeholders.

Construction Industry Federation:

Ms. Jean Winters

Mr. Tom Parlon

Mr. Michael Stone

IBEC:

Ms. Maeve McElwee

Ms. Gillian Verrecchia

Association of Electrical Contractors

(Ireland):

Mr. Chris Lundy

Mr. Tommy Maher

National Electrical Contractors Ireland:

Mr. John Smith

TEEU:

Mr. Brian Nolan

Construction Workers Alliance:

Mr. Ned Costigan

Mr. Ken O’Connor

J85

25/11/2014

Discussion on the findings

of the recent FIT ICT

Skills Audit.

FIT Ltd:

Mr. Peter Davitt, CEO

Mr. Paul Sweetman, Board

Member

Mr. Kieran Sweeney, Board

Member

Mr. George Ryan, Chief

Operations Officer

IBM:

Mr. Barry O’Brien, Government

Programmes Executive

J86

02/12/2014

Private Meeting.

38

Meeting No.

and Date


who attended

J87

16/12/2014


Schedule A –

COM(2014)452.

Schedule B –

Com(2014)449;

Com(2014)469;

Com(2014)585;

Com(2014)587;

Com(2014)605;

Com(2014)609;

Com(2014)636;

Com(2014)652;

Com(2014)660;

Com(2014)664;

Com(2014)667;

Com(2014)693;

EWN(2014)C 330-06;

EWN(2014)C 347-06;

EWN(2014)C 350-09;

EWN(2014)L 319-1.


Innovation:

Mr. Richard Bruton, T.D.,


Innovation

Mr. John Murphy, Secretary

General

Ms. Breda Power, Assistant

Secretary

Mr. Philip Kelly, Assistant

Secretary

39

APPENDIX 4: Minutes of Proceedings of the Joint Committee

JOINT COMMITTEE ON JOBS, ENTERPRISE AND INNOVATION

Minutes of 28 January 2014

1. The Joint Committee met in public session at 1.35 p.m. in Committee Room 2,

Leinster House 2000.

2. Attendance.

The following Members were present:

Deputies: Dara Calleary, Áine Collins, Michael Conaghan, Damien English (in the

chair) Seán Kyne, Anthony Lawlor and John Lyons.

Senators: David Cullinane, Michael Mullins and Feargal Quinn.

[Private Session]

3. Item discussed in Private Session.


5 Item discussed in Private Session.



[Public Session]

8. Discussion with Mr John Murphy, Secretary General, Department of Jobs,

Enterprise and Innovation.

Session 1 – The Action Plan for Jobs

(i) Update on the implementation of the Action Plan for Jobs 2013 and priorities for the

Action Plan for Jobs 2014

The Chairman welcomed Mr John Murphy, Secretary-General, Department of Jobs,

Enterprise and Innovation, Mr. Patrick Rochford, Ms. Nina Brennan and Mr Martin

Shanahan, CEO Forfás to the meeting.

Mr. Murphy made a presentation to the Committee

A Question and Answer session with Members followed.

40

Session 2 – EU Matters

The Six-Monthly Report submitted by the Minister under Section 2(5) of the

European Union (Scrutiny) Act, 2002, in respect of your Department for the period

from January to June 2013; and

(ii) Update on developments on COM(2013)207- Proposal for a Directive regarding

disclosure of nonfinancial and diversity information by certain large companies and

groups.

It was agreed that the opening statement of the Secretary-General on EU matters be

taken as read and that the statement be included in the transcript of the proceedings.

It was agreed to proceed directly with questions from the Members.

On conclusion of the question and answer session, the Chairman thanked the

Secretary-General and the other officials present for attending the meeting and for

their engagement with the Committee. He also thanked the Secretary-General for

the Department’s continued cooperation in dealing with EU matters.

10. Adjournment.

The Committee adjourned at 4.24 p.m. until 1.30 p.m. on Tuesday 4 February 2014.

41


Minutes of 4 February 2014



2. Attendance.


Deputies: Dara Calleary, Áine Collins, Damien English (in the chair) Anthony

Lawlor and John Lyons.

Senators: Deirdre Clune, David Cullinane, and Feargal Quinn.

Apologies were received from Deputy Michael Conaghan.

[Private Session]





[Public Session]

7. Discussion with Minister of State Sean Sherlock to discuss the Research and

Development landscape in Ireland and related issues.

The Chairman welcomed Mr Seán Sherlock T.D. Minister of State at the

Department of Jobs, Enterprise and Innovation to discuss the Research and

Development landscape in Ireland and related issues. The Chairman also

welcomed Ms Pauline Mulligan, Mr Aidan Hodson, Ms Anne Coleman Dunne

and Ms Fionna Hallinan from the Department of Jobs, Enterprise and

Innovation.

Minister Sherlock made a presentation to the Committee



Minister and the officials for attending the meeting and for their engagement with

the Committee.

42

8. Adjournment.

The Committee adjourned at 2.59 p.m. until 1.30 p.m. on Tuesday 11 February

2014.

43





2. Attendance.


Deputies: Áine Collins, Michael Conaghan, Damien English (in the chair) Seán

Kyne, Anthony Lawlor and John Lyons.

Senators: Deirdre Clune, David Cullinane, John Kelly and Feargal Quinn.

In accordance with Dáil Standing Order 92(2) Deputy Peadar Tóibín substituted for

Deputy Jonathan O’Brein.

In accordance with Dáil Standing Order 92(3) Deputy Eoghan Murphy attended the

meeting.

In accordance with Seanad Standing Order 80(2) Senator Fidelma Healy Eames also

attended the meeting.

Apologies were received from Deputy Dara Calleary.

[Private Session]








[Public Session]

10. Scrutiny of EU Proposals.

Schedule B proposals:

44

Decision: It was agreed that the proposals and early warning notices listed in

‘Schedule B’, do not warrant further scrutiny:-

COMS(2013)688; 689; 718; 746; 802; 835; 926; and COM(2014)3; and Notices

EWN (2013)L 316-8; EWN C 371-19 and EWN C 372-21.

(Please also refer to Annex 1 for additional detail on Schedule B proposals)

Schedule A proposal:

COM(2013)813(final): Proposal for a Directive of the European Parliament and of

the Council on the protection of undisclosed know-how and business information

(trade secrets) against their unlawful acquisition, use and disclosure.

Decision: It was agreed that this proposal does warrant further scrutiny. It was

agreed to write to business stakeholders to assess the problem of trade secret misuse

and to seek views on the proposed draft legalisation, so as to inform debate on the

proposal with the Minister for Jobs, Enterprise and Innovation in the course of pre-

Council engagement with the Minister.

11. Discussion with Mr Peter O’Mahony – Founder and CEO of LinkedFinance on

Crowdfunding.

The Chairman welcomed Mr Peter O’Mahony, Founder and CEO of LinkedFinance

and Mr Marc Rafferty, LinkedFinance, to discuss Crowdfunding. He also welcomed

three business borrowers who have used Linked Finance’s services, Mr Maurice

McMonagle HDS Healthcare (Dublin), Ms Lisa Redden and Mr Olivier Van de Elst

of Greenaer.

Mr. O’Mahony made a presentation to the Committee.


12. Adjournment.


2014. The Select Committee were advised that they were due to meet at 2.45p.m.

on the same day to consider the County Enterprise Boards (Dissolution) Bill 2013.

45

Annex 1

Schedule B

It was agreed that the proposals and early warning Notes listed on Schedule B, do not

warrant further scrutiny.

2.1 COM(2013)688: Proposal for a Council Decision on the conclusion of the

Agreements in the form of an Exchange of Letters between the European

Union and the Commonwealth of Australia, the Federative Republic of

Brazil, Canada, the Hong Kong Special Administrative Region of the

People’s Republic of China, the Republic of India and Japan pursuant to

Article XXI of the General Agreement on Trade in Services (GATS) 1994,

relating to the modifications of the commitments in the schedules of the

Republic of Bulgaria and Romania in the course of their accession to the

European Union

Lead department Department of Jobs, Enterprise and Innovation

Other departments Department of Foreign Affairs and Trade

Attorney General's Office

2.2 COM(2013)689: Proposal for a Council Decision on the signing, on behalf of

the European Union, of the Agreements in the form of an Exchange of

Letters between the European Union and the Commonwealth of

Australia, the Federative Republic of Brazil, Canada, the Hong Kong

Special Administrative Region of the People’s Republic of China, the

Republic of India and Japan pursuant to Article XXI of the General

Agreement on Trade in Services (GATS) 1994, relating to the

modifications of the commitments in the schedules of the Republic of

Bulgaria and Romania in the course of their accession to the European

Union


Other department Attorney General's Office

46

2.3 COM(2013)718: Proposal for a Council Regulation amending Annex I to

Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature

and on the Common Customs Tariff


2.4 COM(2013)746: Proposal for a Council Decision establishing the position

to be taken by the European Union within the Ministerial Conference

of the World Trade Organisation (WTO) as regards an extension of

the moratoria on customs duties on electronic transmissions ("e-

commerce moratorium") and non-violation and situation complaints


Other department Department of Finance

2.5 COM(2013)802: Proposal for a Council Implementing Regulation

replacing the lists of insolvency proceedings, winding-up

proceedings and liquidators in Annexes A, B and C to Regulation

(EC) No 1346/2000 on insolvency proceedings


Other department Department of Justice and Equality

2.6 COM(2013)835: Proposal for a Council Implementing Regulation

extending the definitive anti-dumping duty imposed by Council

Implementing Regulation (EU) No 791/2011 on imports of certain

open mesh fabrics of glass fibres originating in the People's

Republic of China to imports of certain open mesh fabrics of glass

fibres consigned from India and Indonesia, whether declared as

originating in India and Indonesia or not



47

the European Union, of the Marrakesh Treaty to Facilitate Access to

Published Works for Persons who are Blind, Visually Impaired, or

otherwise Print Disabled


Other department Department of Foreign Affairs and Trade

2.8 COM(2014)3: Proposal for a Council Implementing Regulation repealing the

anti-dumping duty on imports of dicyandiamide originating in the

People’s Republic of China following an expiry review pursuant to

Article 11(2) of Council Regulation (EC) No 1225/2009

2.9 EWN(2013)L316-8: Imposing a provisional anti-dumping duty on imports of

solar glass from the People’s Republic of China


2.10 EWN(2013)C371-19: Notice of initiation of a partial interim review of the

anti-dumping measures applicable to imports of certain filament glass

fibre products originating in the People’s Republic of China


2.11 EWN(2013)C 372-21: Notice of initiation of an expiry review of the anti-

dumping measures applicable to imports of certain welded tubes and

pipes of iron or non-alloy steel originating in Belarus, The People’s

Republic of China, Russia and Ukraine


48





2. Attendance.


Deputies: Dara Calleary, Áine Collins, Michael Conaghan, Damien English,

Seán Kyne, Anthony Lawlor, John Lyons (in the chair) and Peadar

Tóibín.

Senators: Deirdre Clune and Feargal Quinn.

[Private Session]





[Public Session]

7. Discussion with Minister Richard Bruton T.D., Minister for Jobs,

Enterprise and Innovation on the forthcoming European Council of

COMPET.

The Chairman welcomed Mr Richard Bruton T.D. Minister for Jobs, Enterprise

and Innovation and his Officials to the meeting to discuss the forthcoming

European Council of COMPET meeting.

Minister Bruton made a presentation to the Committee.



Minister and the Officials for attending the meeting and for their engagement with

the Committee.

49

8. Adjournment.


2014.

50





2. Attendance.


Deputies: Dara Calleary, Áine Collins, Michael Conaghan, Damien English (in

the chair), Seán Kyne, Anthony Lawlor and Peadar Tóibín.

Senators: Deirdre Clune and Feargal Quinn.

Apologies were received from Deputy John Lyons.

[Private Session]





[Public Session]

7. Meeting with Mr Sean O’Sullivan, Chairman, Entrepreneurship Forum to

discuss the recently published report entitled “Entrepreneurship in Ireland –

Strengthening the Startup Community”.

The Chairman welcomed Mr Sean O’Sullivan, Chair, Entrepreneurship Forum, Ms

Wendy Gray, SME Policy Unit, Department of Jobs, Enterprise and Innovation, Mr

Daniel Ramamoorthy, Founder and CEO of Treehours and Professor Tom Cooney,

DIT to discuss the recently published report entitled “Entrepreneurship in Ireland –

Strengthening the Startup Community”.

Mr O’Sullivan made his presentation to the Committee.


51

On conclusion of the question and answer session, the Chairman thanked Mr

O’Sullivan, Ms Gray, Mr Ramamoorthy and Professor Cooney for attending the

meeting and for their engagement with the Committee.

8. Adjournment.

The Committee adjourned at 3.11 p.m. until 5.15 p.m. on Tuesday 4 March 2014.

52


Minutes of 4 March 2014



2. Attendance.


Deputies: Dara Calleary, Michael Conaghan, Damien English (in the chair),

Seán Kyne, Anthony Lawlor and Peadar Tóibín.

Senators: John Kelly, Michael Mullins and Feargal Quinn.

Apologies were received from Deputies Áine Collins and John Lyons.

[Private Session]





[Public Session]

7. Discussion with Minister Richard Bruton T.D., Minister for Jobs, Enterprise

and Innovation on the forthcoming European Council meeting on Employment,

Social Policy, Health and Consumer Affairs (EPSCO)

Session 1

The Chairman welcomed Mr Richard Bruton T.D. Minister for Jobs, Enterprise and

Innovation and his Officials to the meeting to discuss the forthcoming European

Council meeting on Employment, Social Policy, Health and Consumer Affairs

(EPSCO)

Minister Bruton made a presentation to the Committee.


53


Minister and the Officials for attending the meeting and for their engagement with

the Committee.

Session 2

The Chairman called on the Minister to update the Committee on the following:

(i) The Action Plan for Jobs 2014;

(ii) The recommendations contained in the following Committee reports

published during 2013;

a. Creating Policies that Work – Actions to address the Youth and

Long-Term Unemployment,

b. Exploring a new approach to providing mentor services for the

Small and Medium Enterprise (SME) Sector in Ireland,

c. South East Economic Development Strategy (SEEDS) Plant the

SEEDS – Grow the Economy;

(iii) Budget Allocations for 2014 and how they are going to be spent and

(iv) The effect of the moratorium on recruitment on Enterprise Ireland’s

activities.



Minister and his Officials for attending the meeting and for engaging with the

Committee so comprehensively on a wide variety of issues.

8. Adjournment.

The Chairman advised Members that the Select Committee would meet next

Tuesday at 1.30 p.m. to consider the Industrial Development (Forfás Dissolution)

Bill 2013. He also reminded Members that the deadline for amendments to be

received in the Bills Office was Wednesday 5 March 2014 at 11.00 a.m.

The Committee adjourned at 8.16 p.m. until 1.30 p.m. on Tuesday 25 March 2014.

54


Minutes of 25 March 2014



2. Attendance.


Deputies: Michael Conaghan, Damien English (in the chair), Seán Kyne,

Anthony Lawlor, John Lyons and Peadar Tóibín.

Senators: Michael Mullins and Feargal Quinn.

Apologies were received from Deputies Dara Calleary and Áine Collins.

[Private Session]





[Public Session]

7. Further Scrutiny/Scrutiny of EU Proposals


Decision: It was agreed that the proposals and early warning notices, listed in

‘Schedule B’, with the exception of COM(2014)1: Proposal for a Regulation

amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods

which could be used for capital punishment, torture or other cruel, inhuman or

degrading treatment or punishment, do not warrant further scrutiny. It was further

agreed that a Advice Note on this proposal would be prepared for the Joint

Committee:-

COM(2013)775; COM(2013)932; COM(2014)41; COM(2014)42;

COM(2014)50; COM(2014)51; COM(2014)87; and COM(2014)108; and

55

Early Warning Notes (2013)C351-27; (2014)C 27-15; (2014)L 10-11; and (2014)C

28-11.



COM(2013)813(final): Proposal for a Directive of the European Parliament and of

the Council on the protection of undisclosed know-how and business information

(trade secrets) against their unlawful acquisition, use and disclosure.

Decision: The contributions received welcome the proposed legislation and also

verify the economic importance of trade secrets to Irish business and the need for

appropriate legislation to protect these. It was therefore agreed, that the proposal

does not warrant further scrutiny by the Joint Committee.

It was agreed to conclude scrutiny of the proposal with a letter to the Department of

the Jobs, Enterprise and Innovation informing it of the conclusion of Parliamentary

scrutiny but also reaffirming the views of stakeholders on Article 5(2) of the

proposal; that is, the need for cost effective and speedy civil re-dress mechanisms.

8. Any other Business.

The Chairman informed the Committee that Mr. Daniel Calleja Crespo, Director

General of the Enterprise and Industry Directorate General of the European

Commission and special envoy for SMEs had agreed to meet with the Committee in

Dublin on 11 June. He also advised members that a programme for the visit would

be arranged when Mr. Calleja’s travel plans were confirmed.

9. Meeting with Mr Aidan Gough, InterTradeIreland on their report entitled

“Access to Finance for Growth for SME’s on the Island of Ireland”.

The Chairman welcomed Mr. Aidan Gough, Director of Strategy and Policy and Dr

Eoin Magennis, Policy Research Manager from InterTradeIreland to discuss their

report entitled “Access to Finance for Growth for SME’s on the Island of Ireland”.

Mr Gough made his presentation to the Committee.

56


On conclusion of the question and answer session, the Chairman thanked Mr Gough

and Dr Magennis for attending the meeting and for their engagement with the

Committee. He informed them that the Committee had already met with a number of

stakeholders on the topic of Access to Finance for SMEs and that it planned to meet

with others before compiling a report with recommendations.

10. Adjournment.

The Committee adjourned at 3.07 p.m. until 1.30 p.m. on Tuesday 1 April 2014.

57

Annex 1

Schedule B

Proposals taken together

Agreed decision:

2. For further scrutiny

2.1 COM(2014)1: Proposal for a Regulation of the European Parliament and of

the Council amending Council Regulation (EC) No 1236/2005

concerning trade in certain goods which could be used for capital

punishment, torture or other cruel, inhuman or degrading treatment or

punishment

For no further scrutiny

2.2 COM(2013)775: Proposal for a Council Regulation opening and providing

for the management of autonomous tariff quotas of the Union for certain

agricultural and industrial products and repealing Regulation (EU) No 7/2010


2.3 COM(2013)932: Amended proposal for a Directive of the European

Parliament and of the Council laying down a procedure for the

provision of information in the field of technical regulations and of

rules on Information Society services (codification) (Text with EEA

relevance)



the European Union and its Member States, and provisional

It is agreed that the Proposals and Early Warning Notices listed on Schedule B, other than COM(2014)1, do not warrant further scrutiny. It was agreed to provide

an Advice Note to the Joint Committee on COM(2014)1.

58

application of the Additional Protocol to the Free Trade Agreement

between the European Union and its Member States, of the one part,

and the Republic of Korea, of the other part, to take account of the

accession of Croatia to the European Union


Other department

Department of Foreign Affairs and Trade

2.5 COM(2014)42: Proposal for a Council Decision on the conclusion on behalf

of the European Union and its Member States of the Additional

Protocol to the Free Trade Agreement between the European Union

and its Member States, of the one part, and the Republic of Korea, of

the other part, to take account of the accession of Croatia to the

European Union



2.6 COM(2014)50: Proposal for a Council Implementing Regulation imposing a

definitive anti-dumping duty on imports of certain manganese dioxides

originating in the Republic of South Africa following an expiry review

pursuant to Article 11(2) of Regulation (EC) No 1225/2009


2.7 COM(2014)51: Proposal for a Council Implementing Regulation amending

Regulation (EU) No 461/2013 imposing a definitive countervailing

duty on imports of certain polyethylene terephthalate (PET)

originating in India following an expiry review pursuant to Article 18

of Regulation (EC) No 597/2009


2.8 COM(2014)87: Proposal for a Council Implementing Regulation Re-

imposing a definitive anti-dumping duty and collecting definitely the

provisional duty imposed on imports of certain footwear with uppers

of leather originating in the People's Republic of China and produced

by Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan)

Ltd, Lung Pao Footwear (Guangzhou) Ltd, Risen Footwear (HK) Co

59

Ltd and Zhejiang Aokang Shoes Co. Ltd {SWD(2014) 46 final}


2.9 COM(2014)108: Proposal for a Council Implementing Regulation amending

Council Implementing Regulation (EU) No 875/2013 imposing a

definitive anti-dumping duty on imports of certain prepared or

preserved sweetcorn in kernels originating in Thailand following an

interim review pursuant of Article 11(3) of Council Regulation (EC)

No 1225/2009


Early Warning Notes

2.10 EWN(2013)C 351-27: Notice of initiation of an expiry review and of partial

interim reviews and an ex officio partial interim review of the anti-

dumping measures applicable to imports of citric acid originating in the

People’s Republic of China

2.11 EWN(2014) C 27-15: Notice of initiation of an expiry review of the anti-

dumping measures applicable to imports of certain iron or steel

fasteners originating in The People’s Republic of China

2.12 EWN(2014) L 10-11:Commission Regulation (EU) No 32/2014 of 14 January

2014 initiating a “new exporter” review of Council Implementing

Regulation (EU) No 1008/2011 imposing a definitive anti-dumping

duty on imports of hand pallet trucks and their essential parts

originating in the People’s Republic of China as amended by Council

Implementing Regulation (EU) No 372/2013, repealing the duty with

regard to imports of one exporter in this country and making such

imports subject to registration

2.13 EWN(2014)C 28-11: Notice of initiation of a partial interim review of the

anti-dumping measures applicable to imports of ceramic tiles

originating in the People’s Republic of China

60


Minutes of 1 April 2014



2. Attendance.



Seán Kyne and Anthony Lawlor.

Senators: Michael Mullins and Feargal Quinn.

Apologies were received from Deputies Áine Collins and John Lyons.

[Private Session]




[Public Session]

6. Meeting with Ms Dorothea Dowling, Chairperson, Mr Joe O’Toole, Vice-

Chairperson, Ms Patricia Byron, Chief Executive and Mr. Stephen Watkins,

Board Secretary of the Injuries Board, to discuss the Personal Injuries

Assessment Board’s contribution to the Irish Economy and opportunities ahead

for both citizens and the State.

The Chairman welcomed Ms Dorothea Dowling, Mr Joe O’Toole, Ms Patricia

Byron, and Mr Stephen Watkins of the Personal Injuries Assessment Board to the

meeting.

Ms Dowling made her presentation to the Committee.


61

On conclusion of the question and answer session, the Chairman thanked Ms

Dorothea Dowling, Mr Joe O’Toole, Ms Patricia Byron and Mr Stephen Watkins for

attending the meeting and for their engagement with the Committee.

7. Adjournment.


62





2. Attendance.


Deputies: Michael Conaghan, Damien English (in the chair), Anthony Lawlor

and John Lyons.

Senators: Feargal Quinn.

Apologies were received from Deputy Áine Collins and Senator Mary White.

In accordance with Dáil Standing Order 92(2) Deputy Kevin Humphreys substituted

Deputy Seán Kyne.

[Private Session]






[Public Session]


Schedule B: COM(2014)81 final; COM(2014)121 final; COM(2014)125 final.

Decision: It was agreed that the proposals listed in ‘Schedule B’, do not warrant

further scrutiny.

Schedule A: COM(2014)1: Proposal for a Regulation of the European Parliament

and of the Council amending Council Regulation (EC) No. 1236/2005 concerning

trade in certain goods which could be used for capital punishment, torture or other

cruel, inhuman or degrading treatment or punishment.

63

Decision: It was agreed that this proposal does not warrant further scrutiny.


9. Meeting with Mr. Eugene O’Callaghan, Director and representatives of the

National Pension Reserve Fund to discuss investment commitments to the SME

sector in Ireland. [SME Turnaround Fund, SME Credit Fund and SME Equity

Fund’

The Chairman welcomed Mr. Eugene O’Callaghan, Investment Director, Mr Nick

Ashmore, Deputy Investment Director and Ms Emma Jane Joyce, Senior Investment

Manager from the National Pension Reserve Fund to the meeting.

Mr O’Callaghan made his presentation to the Committee.


On conclusion of the question and answer session, the Chairman thanked Mr.

Eugene O’Callaghan, Mr Nick Ashmore and Ms Emma Jane Joyce from the

National Pension Reserve Fund for attending the meeting and for their engagement

with the Committee.

10. Adjournment.


64

Annex 1

Schedule B

For no further scrutiny

1. COM(2014)81: Proposal for a Council Decision on the position to be taken on

behalf of the European Union as regards the extension of the

entitlement to co-productions as provided for in Article 5 of the

Protocol on Cultural Cooperation to the Free Trade Agreement

between the European Union and its Member States, of the one part,

and the Republic of Korea, of the other part



AND

2. COM(2014)121: Proposal for a Council Implementing Regulation terminating

the partial interim review concerning the anti-subsidy measures on

imports of biodiesel originating in the United States of America, as

extended to imports consigned from Canada, whether declared as

originating in Canada or not


AND

65

3. COM(2014)125: Proposal for a Council Implementing Regulation terminating

the partial interim review concerning the anti-dumping measures on

imports of biodiesel originating in the United States of America, as

extended to imports consigned from Canada, whether declared as

originating in Canada or not


Agreed decision: It was agreed that the proposals listed on Schedule B, do not warrant

further scrutiny.

66





2. Attendance.


Deputies: Dara Calleary, Michael Conaghan, Seán Kyne, Damien English (in

the chair), Anthony Lawlor, Peadar Tóibín and Mick Wallace.

Senators: David Cullinane, and Feargal Quinn.

Apologies were received from Deputy Áine Collins and Senator Deirdre Clune.

In accordance with Dáil Standing Order 92(3) Deputy Peter Mathews attended the

meeting.

The Committee agreed to postpone the Private Session until the end of the meeting

[Public Session]

3. Meeting with Mr Richie Boucher, Group Chief Executive, Mr Liam

McLoughlin, Chief Executive – Retail Ireland, Bank of Ireland Group and Mr

Pat Farrell, Head of Group Communication, Bank of Ireland to discuss Access

to Finance for SMEs.

The Chairman welcomed Mr Richie Boucher, Group Chief Executive, Mr Liam

McLoughlin, Chief Executive – Retail Ireland, Bank of Ireland Group and Mr Pat

Farrell, Head of Group Communication, Bank of Ireland and to discuss Access to

Finance for SMEs to the meeting.

Mr Boucher made his presentation to the Committee.



Boucher, Mr McLoughlin and Mr Farrell for attending the meeting and for their

engagement with the Committee.

67

4. Meeting with Mr Jim Brown, Chief Executive, Ms Ellvena Graham, Managing

Director of SMEs and Mr Andrew Blair, Wholesale Chief Credit Officer,

Ulster Bank to discuss Access to Finance for SMEs.

The Chairman welcomed Mr Jim Brown, Chief Executive, Ms Ellvena Graham,

Managing Director of SMEs and Mr Andrew Blair, Wholesale Chief Credit Officer,

Ulster Bank to the meeting.

Mr Brown made his presentation to the Committee.



Brown, Ms Graham and Mr Blair for attending the meeting and for their engagement

with the Committee.

5. Meeting with Mr Bernard Byrne Director of Personal Business and Corporate

Banking, Mr Brendan O’Connor Head Financial Solutions Group, Mr Denis

O'Callaghan - Head of Branch Banking and Mr Ken Burke - Head of AIB

Business Banking from Allied Irish Bank to discuss Access to Finance for

SMEs.

The Chairman welcomed Mr Bernard Byrne Director of Personal Business and

Corporate Banking, Mr Brendan O’Connor Head Financial Solutions Group, Mr

Denis O'Callaghan - Head of Branch Banking and Mr Ken Burke - Head of AIB

Business Banking from Allied Irish Bank to the meeting.

Mr Byrne made his presentation to the Committee.


On conclusion of the question and answer session, the Chairman thanked Mr. Byrne,

Mr O’Connor, Mr O’Callaghan and Mr Burke for attending the meeting and for their


68

[Private Session]





10. Adjournment.

The Committee adjourned at 4.51 p.m. until 1.30 p.m. on Tuesday 6 May 2014.

69


Minutes of 6 May 2014



2. Attendance.



Seán Kyne, Anthony Lawlor, John Lyons and Peadar Tóibín.

Senators: John Kelly and Feargal Quinn.

Apologies were received from Deputy Áine Collins and Senators Deirdre Clune and

Mary White.

[Private Session]





[Public Session]

7. Session 1: Meeting with Mr John Trethowan from the Credit Review Office to

discuss “Access to Finance for SMEs”.

The Chairman welcomed Mr Trethowan to the meeting.

Mr Trethowan made his presentation to the Committee.



Trethowan for attending the meeting and for engaging with the Committee.

70

8. Session 2: Meeting with Seán Murphy, Deputy Chief Executive Officer and Mr

Barry Peak, Policy and Research Executive from Chambers Ireland to discuss

“Access to Finance for SMEs”.

The Chairman welcomed Mr Murphy and Mr Peak to the meeting.

Mr Murphy made his presentation to the Committee.



Murphy and Mr Peak from Chambers Ireland for attending the meeting and for their


[Private Session]


[Public Session]

10. Adjournment.


71





2. Attendance.


Deputies: Michael Conaghan, John Lyons (in the chair), Seán Kyne, Anthony

Lawlor and Peadar Tóibín.

Senators: David Cullinane and Feargal Quinn.

Apologies were received from Deputies Dara Calleary, Áine Collins, and Damien

English and Senators Deirdre Clune and Mary White.

[Private Session]






[Public Session]


The following decisions were taken by the Committee:

Schedule A

COM(2014)186: Proposal for a Regulation of the European Parliament and of the

Council on personal protective equipment (Text with EEA relevance) {SWD(2014)

118 final} {SWD(2014) 119 final.

It was agreed that this proposal does not warrant further scrutiny.

72

COM(2014)212: Proposal for a Directive of the European Parliament and of the

Council on single-member private limited liability companies (Text with EEA

relevance) {SWD(2014) 123 final} {SWD(2014) 124 final}{SWD(2014) 125 final},

and

COM(2014)213: Proposal for a Directive amending existing law as regards the

encouragement of long-term shareholder engagement and certain elements of the

corporate governance statement.

As the Department has yet to form definitive views on the proposals and will engage

in public consultations on these to inform its negotiating position, it was agreed that

these proposals warrant further scrutiny by the Committee. It was agreed to invite

relevant Departmental officials to a meeting of the Joint Committee in this regard.

COM(2014)221: Proposal for a Decision of the European Parliament and of the

Council on establishing a European Platform to enhance cooperation in the

prevention and deterrence of undeclared work (Text with EEA relevance)


It was agreed that this proposal warrants further scrutiny. It was agreed that

Departmental officials be invited to a meeting of the Joint Committee in this regard.

9. Session 1: Meeting with Mr Mark Fielding, from Irish Small and Medium

Enterprises (ISME) to discuss “Access to Finance for SMEs”.

The Vice-Chairman welcomed Mr Fielding to the meeting.

Mr Fielding made his presentation to the Committee.


On conclusion of the question and answer session, the Vice-Chairman thanked Mr.

Fielding for attending the meeting and for engaging with the Committee.

10. Session 2: Meeting with Ms Sharon Higgins, Head of Sectors from Ibec; Mr

John O’Dea, CEO Crospon, Immediate Past Chairman Irish Medical Devices

73

Association; Mr John Chamney, Director of Walsh Whiskey, founding member

of the Irish Whiskey Association, Mr Karl Flannery, CEO Storm Technology

and Mr Frank Gleeson, Managing Director at Aramark Food Services, chair

Retail Ireland to discuss “Access to Finance for SMEs”.

The Vice-Chairman welcomed Ms Higgins, Mr O’Dea, Mr Chamney, Mr Flannery

and Mr Gleeson to the meeting.

Ms Higgins and other members of the delegation made their presentations to the

Committee.


On conclusion of the question and answer session, the Vice-Chairman thanked Ms

Higgins, Mr O’Dea, Mr Chamney, Mr Flannery and Mr Gleeson for attending the


11. Session 3: Meeting with Mr AJ Noonan, Chairman, Ms Patricia Callan,

Director and Ms Avine McNally Assistant Director of the Small Firms

Association to discuss “Access to Finance for SMEs”.

The Vice-Chairman welcomed Mr AJ Noonan, Chairman, Ms Patricia Callan,

Director and Ms Avine McNally, Assistant Director of the Small Firms Association

to the meeting.

Mr Noonan made his presentation to the Committee.


On conclusion of the question and answer session, the Vice-Chairman thanked Mr

Noonan, Ms Callan and Ms McNally from the Small Firms Association for

attending the meeting to brief the Committee.

12. Adjournment.


74





2. Attendance.


Deputies: Áine Collins, Michael Conaghan, Seán Kyne, Anthony Lawlor and

John Lyons (in the chair).


Apologies were received from Deputies Dara Calleary and Damien English.

[Private Session]





[Public Session]

7. Session 1: Meeting with Ms Regina Breheny, Director General, Mr Mark

Horgan, Chair and Mr John Flynn, Vice-Chair of the Irish Venture Capital

Association to discuss “Access to Finance for SMEs”.

The Vice-Chairman welcomed Ms Breheny, Mr Horgan and Mr Flynn to the

meeting.

Ms Breheny made her presentation to the Committee.


On conclusion of the question and answer session, the Vice-Chairman thanked Ms

Breheny, Mr Horgan and Mr Flynn for attending the meeting and for engaging with

the Committee.

8. Session 2: Meeting with Mr Martin D Shanahan, Chief Executive, Mr Adrian

Devitt, Manager, Economic Analysis, Competitiveness, Infrastructure and Tax

75

and Finance Policy Department and Ms Maria Ginnity, Manager, Enterprise

Policy and Evaluations Department from Forfás to discuss “Access to Finance

for SMEs”.

The Vice-Chairman welcomed Mr Shanahan, Mr Devitt, and Ms Ginnity to the

meeting.

Mr Shanahan made his presentations to the Committee.



Shanahan, Mr Devitt and Ms Ginnity for attending the meeting and for their


9. Session 3: Meeting with Mr Paul Cullen, Principal Officer and Mr Dermot

Sheridan, Principal Officer from the Department of Jobs, Enterprise and

Innovation to discuss COM(2014)221 - Proposal for a Decision of the European

Parliament and of the Council on establishing a European Platform to enhance

cooperation in the prevention and deterrence of undeclared work.

The Vice-Chairman welcomed Mr Cullen and Mr Sheridan Principal Officers from

the Department of Jobs, Enterprise and Innovation to the meeting.

Mr Cullen briefed the Committee regarding COM(2014) 221.



Cullen and Mr Sheridan from the Department of Jobs, Enterprise and Innovation for

attending the meeting to brief the Committee on COM(2014)221. It was agreed that

no further scrutiny of this COM was required.

10. Adjournment.

The Committee adjourned at 3.19 p.m. until 1.30 p.m. on Tuesday 3 June 2014.

76


Minutes of 5 June 2014

1. The Joint Committee met in public session at 10.07 a.m. in Committee Room 3,


2. Attendance.


Deputies: Áine Collins, Michael Conaghan, Damien English, Seán Kyne,

Anthony Lawlor and John Lyons (in the chair) for part of the

meeting.

Senators: John Kelly and Feargal Quinn.

[Private Session]





Deputy Damien English took the chair at 10.18 a.m.

[Public Session]

3. Session 1: Meeting with representatives of the Irish League of Credit Unions,

the Credit Union Development Association and the Credit Union Managers

Association to discuss Access to Finance for SME’s.

The Chairman welcomed Mr Dave Matthews, Business Unit Manager and Mr

Kieron Brennan Chief Executive Officer from the Irish League of Credit Unions; Mr

Kevin Johnson, Chief Executive Officer and Ms Elaine Larke, Head of Legal and

Compliance, Credit Union Development Association (CUDA); and Mr Sean

Murray, CEO and Training Director of Naas Credit Union and Mr Gerard

McConville, CEO of Dundrum Credit Union and a member of the Credit Union

Managers Association (CUMA) to the meeting to discuss Access to Finance for

SME’s.

77

The Chairman explained that due to a clash with Question time in the House,

Deputies Calleary and Tóibín were unable to be present.

Mr Matthews followed by Mr Johnson and then Mr Murray made their presentations

to the Committee



Matthews and Mr Brennan from the Irish League of Credit Unions; Mr Johnson and

Ms Larke, Credit Union Development Association (CUDA); and Mr Murray and Mr

McConville from the Credit Union Managers Association (CUMA) for attending the


The meeting was suspended at 11.36 a.m. and resumed at 11.38 a.m.

4. Session 2: Discussion with Mr Alex Hobbs Fund Portfolio Manager and Mr

Richard Watson, Investment Manager of the Dublin Business Innovation

Centre, to discuss Access to Finance for SME’s.

The Chairman welcomed Mr Hobbs and Mr Watson to the meeting.

Mr Hobbs made his presentations to the Committee.


On conclusion of the question and answer session, the Chairman thanked Mr Hobbs

and Mr Watson for attending the meeting and for their engagement with the

Committee.

5. Adjournment.


78





2. Attendance.


Deputies: Dara Calleary, Áine Collins, Michael Conaghan, Damien English

(in the chair), Seán Kyne, Anthony Lawlor and Peadar Tóibín.

Senators: David Cullinane, John Kelly and Feargal Quinn.

In accordance with Dáil Standing Order 92(3) Deputy John Deasy attended the

meeting.

[Private Session]


[Public Session]

4. Discussion with the Minister for Jobs, Enterprise and Innovation on (a) the

Country Specific Recommendations for Ireland and (b) Discussion with the

Minister in relation to the proposed job losses and restructuring in Bausch and

Lomb, Waterford.

The Chairman welcomed, the Minister for Jobs, Enterprise and Innovation, Mr

Richard Bruton T.D. and his Officials from the Department of Jobs, Enterprise and

Innovation to discuss the Country Specific Recommendations for Ireland.

Country Specific Recommendations

The Minister for Jobs, Enterprise and Innovation made his presentation to the

Committee on the Country Specific Recommendations for Ireland.

A question and answer session with Members followed.

79

Bausch and Lomb

The Chairman invited Senator David Cullinane to speak on the issue of the proposed

job losses and restructuring in Bausch and Lomb, Waterford. The Minister

responded to the concerns expressed.


On conclusion: The Chairman thanked the Minister for Jobs, Enterprise and

Innovation and his Officials for coming to the meeting to engage with the

Committee.

The meeting was suspended at 3.09 p.m. and resumed at 3.12 p.m.

5. Session 2: Meeting with representatives of the Migrant Rights Centre Ireland

(MRCI) on the Employment Permits Legislation.

The Chairman welcomed Ms Gráinne O’ Toole - Work Place Rights and Forced

Labour Co-ordinator, Enamur Chowdhury – Volunteer & activist, Waseem Yousaf,

Mohammed Younis – Volunteer & activist, and Pablo Rojas Coppari - Policy

Officer, from the Migrant Rights Centre Ireland (MRCI) to the meeting to discuss

the forthcoming Employment Permits (Amendment) Bill 2014.

The Chairman asked Ms O’Toole followed by Enamur Chowdhury, Waseem

Yousaf, Mohammed Younis and Pablo Rojas Coppari to make their presentations to

the Committee on the Employment Permits Bill 2014.

On conclusion: The Chairman thanked the representatives from the Migrant Rights

Centre Ireland for coming to the meeting to engage with the Committee.


The Committee agreed to go into Private Session at 3.42 p.m.

[Private Session]



80



10. Adjournment.

The Committee adjourned at 3.50 p.m. until 1.00 p.m. on Wednesday 11 June 2014.

81





2. Attendance.



the chair), Seán Kyne, Anthony Lawlor and John Lyons.


Apologies were received from Deputy Peadar Tóibín.

[Public Session]

3. Discussion with Mr. Daniel Calleja Crespo, Director General of the Enterprise

and Industry Directorate General of the European Commission and Special

Envoy for SMEs to discuss European measures to support the Irish SME

sector.

The Chairman welcomed, Mr Daniel Calleja Crespo, Director General of the

Enterprise and Industry Directorate General of the European Commission and

Special Envoy for SMEs, Mr. Stephane Lebrun, Head of Unit, Directorate General

Enterprise and Industry and Ms Barbara Nolan, Head of Representation, European

Commission in Ireland to the meeting to discuss European measures to support the

SME sector and related matters.

Mr Crespo made his presentation to the Committee on European measures to

support the SME sector and related matters.

A question and answer session with Members followed

On conclusion: The Chairman thanked Mr Crespo, Mr Lebrun and Ms Nolan for

engaging with the Committee on such an important issue.

4. Adjournment.

The Committee adjourned at 2.00 p.m. until 1.00 p.m. on Wednesday 17 June 2014.

82





2. Attendance.



the chair), Seán Kyne, Anthony Lawlor, John Lyons and Peadar

Tóibín.

Senators: Feargal Quinn and Mary White.

[Private Session]




[Public Session]

6. Session 1: Discussion with Mr Stephen Lynam, Director of Retail Ireland; Mr

Stephen Sealey, Managing Director of Brown Thomas and Mr Bob Parker,

Director of Operations at Clerys to discuss policy options to support business

growth and job creation and retention in town and village centres.

The Chairman welcomed Mr Stephen Lynam, Director of Retail Ireland; Mr Stephen

Sealey, Managing Director of Brown Thomas and Mr Bob Parker, Director of

Operations at Clerys to discuss policy options to support business growth and job

creation and retention in town and village centres.

Mr Lynam made his presentation to the Committee


On conclusion: The Chairman thanked the Mr Lynam, Mr Sealey, Mr Parker and

Ms Kavanagh for coming to the meeting to engage with the Committee.

83


7. Session 2: Discussion with Mr David Fitzsimons, Chief Executive Retail

Excellence Ireland; Mr Martin Blackwell, CEO, Association of Town Centre

Management(UK)and Mr Cormac Kennedy, Chairman Retail Excellence

Ireland Town Revival Committee and Head of Property, Eason to discuss

policy options to support business growth and job creation and retention in

town and village centres.

The Chairman welcomed Mr David Fitzsimons, Chief Executive, Retail Excellence

Ireland; Mr Martin Blackwell, CEO, Association of Town Centre Management (UK)

and Mr Cormac Kennedy, Chairman Retail Excellence Ireland Town Revival

Committee and Head of Property, Eason to discuss policy options to support

business growth and job creation and retention in town and village centres.

Mr Fitzsimons made his presentation to the Committee.


On conclusion: The Chairman thanked the representatives from Retail Excellence

Ireland for coming to the meeting to engage with the Committee.

8. Adjournment.


84





2. Attendance.



Seán Kyne, Anthony Lawlor, John Lyons and Peadar Tóibín.


Apologies were received from Deputy Áine Collins.

[Private Session]





[Public Session]

7. EU Scrutiny.

COM(2014)258 - Proposal for a Regulation of the European Parliament and of the

Council on appliances burning gaseous fuels

It was agreed that this proposal does not warrant further scrutiny

COM(2014)166 - Proposal for a Regulation of the European Parliament and of the

Council on the reduction or elimination of customs duties on goods originating in

Ukraine

It was agreed to note this adopted measure. It was also agreed to write to the

Department of Jobs, Enterprise and Innovation asking the Department to keep the

committee informed in a timely manner of decisions to be taken at EU level so that

the Committee can have an input into negotiations at the earliest possible stage.

85

COM(2014)170 - Proposal for a Council Decision on a position to be taken by the

European Union within the Trade Committee set up by the Trade Agreement

between the European Union and its Member States, of the one part, and Colombia

and Peru, of the other part, as regards the adoption of the Rules of Procedure for the

Trade Committee, the Rules of Procedure and Code of Conduct for arbitrators, the

establishment of the lists of arbitrators and the list of experts of the Group of

Experts, and the adoption of the Rules of Procedure for the Group of Experts on

Trade and Sustainable Development

It was agreed to note this adopted measure. It was also agreed to write to the

Department of Jobs, Enterprise and Innovation asking the Department to keep the

committee informed in a timely manner of decisions to be taken at EU level so that

the Committee can have an input into negotiations at the earliest possible stage.

8. Session 1: Meeting with Mr Ian Talbot, Chief Executive, Mr Seán Murphy,

Deputy Chief Executive and Mr Mark O’Mahoney, Director of Policy from

Chambers Ireland to discuss measures to support business growth and job

creation and retention in town and village centres.

The Chairman welcomed, Mr Ian Talbot, Chief Executive, Mr Seán Murphy,

Deputy Chief Executive and Mr Mark O’Mahoney, Director of Policy from

Chambers Ireland to discuss measures to support business growth and job creation

and retention in town and village centres.

Mr Talbot made his presentation to the Committee.


On conclusion: The Chairman thanked Mr Talbot, Mr Murphy and Mr O’Mahoney

for coming to the meeting to engage with the Committee.


9. Session 2: Meeting with representatives of RGDATA to discuss measures to

support business growth and job creation and retention in town and village

centres.

86

The Chairman welcomed the following representatives from RGDATA: Ms Tara

Buckley, Director General, Colin Fee, Director, Eamonn Gavin, Director and Hugh

Doyle, member and retailer of Donnybrook Fair to the meeting to discuss measures

to support business growth and job creation and retention in town and village

centres.

Ms Buckley opened the presentation to the Committee followed by Mr Fee, Mr

Doyle and Mr Gavin.


On conclusion: The Chairman thanked Ms Talbot, Mr Gavin and Mr Doyle from

RGDATA for coming to the meeting to engage with the Committee.


10. Session 3: Discussion with Ms Claire Cumiskey, NASC (The Irish Emigrant

Support Centre to discuss the Employment Permits (Amendment) Bill 2014.

The Chairman welcomed Ms Claire Cumiskey, NASC (The Irish Emigrant Support

Centre to discuss the Employment Permits (Amendment) Bill 2014.

Ms Cumiskey made her presentation to the Committee.


On conclusion: The Chairman thanked Ms Cumiskey for coming to the meeting to

engage with the Committee on the Employment Permits (Amendment) Bill 2014

which the Select Committee was considering on Thursday 26 June. He indicated

that there would be an opportunity at Report Stage to table amendments.

[Private Session]


12. Adjournment.

The Committee adjourned at 4.40 p.m. until 1.30 p.m. on Tuesday 1 July 2014.

87


Minutes of 1 July 2014



2. Attendance.


Deputies: Dara Calleary, Áine Collins, Damien English (in the chair) and Seán

Kyne.

Senator: Feargal Quinn.

Apologies were received from Deputies Michael Conaghan, Anthony Lawlor and

John Lyons.

[Private Session]





[Public Session]

7. Session 1: Meeting with Mr Mark Fielding, Chief Executive Officer of the Irish

Small and Medium Enterprises [ISME] to discuss measures to support business


The Chairman welcomed, Mr Mark Fielding, Chief Executive Officer of the Irish

Small and Medium Enterprises [ISME] to discuss measures to support business


Mr Fielding made his presentation to the Committee.


On conclusion: The Chairman thanked Mr Fielding for coming to the meeting to

engage with the Committee.

88


8. Session 2: Meeting with Mr John Moran, New Generation Development to

discuss measures to support business growth and job creation and retention in

town and village centres.

The Chairman welcomed Mr John Moran, New Generation Development to the

meeting to discuss measures to support business growth and job creation and

retention in town and village centres.

Mr Moran made his presentation to the Committee.


On conclusion: The Chairman thanked Mr Moran for coming to the meeting to

engage with the Committee.

9. Adjournment.


89





2. Attendance.



the chair), Seán Kyne, Anthony Lawlor, and John Lyons (in the Chair

for part of the meeting).


Apologies were received from Deputy Peadar Tóibín.

[Private Session]







[Public Session]


The Committee considered the European legislative proposals contained in Schedule

B, which had been prepared by the EU Policy Clerk. A description of each proposal

and the decisions taken are at Annex 1.

10. Session 1: Discussion with Officials from the Department of Jobs, Enterprise

and Innovation on: COM(2014)212: Proposal for a Directive of the European

Parliament and of the Council on single-member private limited liability

companies and COM(2014)213: Proposal for a Directive amending existing law

as regards the encouragement of long-term shareholder engagement and

certain elements of the corporate governance statement.

90

The Chairman welcomed, Officials from the Department of Jobs, Enterprise and

Innovation to the meeting to discuss COM(2014)212: Proposal for a Directive of the

European Parliament and of the Council on single-member private limited liability

companies and COM(2014)213: Proposal for a Directive amending existing law as

regards the encouragement of long-term shareholder engagement and certain

elements of the corporate governance statement.

Mr Houlihan and Ms Green made their presentations to the Committee.


On conclusion: The Chairman thanked the officials for attending the meeting and

engaging with Members.

The Committee agreed to go into Private session at 2.24 p.m.

[Private Session]


The Committee went back into Public Session at 2.32 p.m.

[Public Session]

12. Consideration of EU proposals COM(2014)212: Proposal for a Directive of the

European Parliament and of the Council on single-member private limited

liability companies and COM(2014)213: Proposal for a Directive amending

existing law as regards the encouragement of long-term shareholder

engagement and certain elements of the corporate governance statement.

The Committee agreed that in relation to COM(2014)212 - Proposal for a Directive

of the European Parliament and of the Council on single member private limited

liability companies, to invite the Irish Congress of Trade Unions to a meeting of the

committee at a future date, to discuss the proposal and any concerns they may have.

In relation to COM(2014)213 - Proposal for a Directive amending existing law as

regards the encouragement of long term shareholder engagement and certain

elements of the corporate governance statement, it was agreed to retain the proposal

under scrutiny by writing to the Department of Jobs, Enterprise and Innovation and

91

requesting them to update the Committee when clarification from stakeholders is

received.


The Chairman took the Chair at 2.45 p.m.

13. Session 2: Meeting with Mr Eoin Costello, Chief Executive Officer, Mr Seán

Blanchfield, Ms Fionuala Healy, Mr Gene Murphy and Mr Karl Aherne from

StartUp Ireland to discuss StartUp Ireland’s action plan for job creation and

innovation.

The Chairman welcomed Mr Eoin Costello, Chief Executive Officer, Mr Seán

Blanchfield, Ms Fionuala Healy, Mr Gene Murphy and Mr Karl Aherne to the

meeting to discuss StartUp Irelands action plan for job creation and innovation.

Mr Costello made his presentation to the Committee.


On conclusion: The Chairman thanked Mr Costello, Mr Blanchfield, Ms Healy, Mr

Murphy and Mr Aherne for coming to the meeting to engage with the Committee.


14. Consideration of the proposal that Dáil Éireann and Seanad Éireann approve

the Protection of Young Persons (Employment) (Exclusion of Workers in the

Fishing and Shipping Sectors) Regulations 2014 with Mr. John Perry T.D.,

Minister of State at the Department of Jobs, Enterprise and Innovation and Mr

Dermot Sheridan from the Department of Jobs, Enterprise and Innovation and

Ms. Hilary Dalton and Mr. Brian Hogan from the Department of Transport,

Tourism and Sport.

The Chairman welcomed Minister John Perry and Mr Dermot Sheridan from the

Department of Jobs, Enterprise and Innovation and Ms. Hilary Dalton and Mr. Brian

Hogan from the Department of Transport, Tourism and Sport to the meeting to

92

consider the Protection of Young Persons (Employment) (Exclusion of Workers in

the Fishing and Shipping Sectors) Regulations 2014.

The Chairman invited the Minister of State to make his opening remarks.

The Chairman invited Questions from Members.

On conclusion: The Chairman thanked the Minister of State and his officials for

coming to the meeting to brief the Committee.

Messages to Dáil and Seanad

The Joint Committee completed its consideration of the proposal that Dáil Éireann

and Seanad Éireann and approved the following Regulations in draft: Protection of

Young Persons (Employment) (Exclusion of Workers in the Fishing and Shipping

Sectors) Regulations 2014.

In accordance with Dáil Standing Order 87 and Seanad Standing Order 73, the

Committee agreed to send a message to the Clerks of the Dáil and the Seanad

advising that the Committee had completed its consideration of the proposal that

Dáil Éireann and Seanad Éireann approve the draft Regulations.

15. Adjournment.


93

Annex 1

Schedule B

COM(2014)304

Proposal for a Regulation of the European Parliament and of the Council on

the safeguard measures provided for in the Agreement between the European

Economic Community and the Kingdom of Norway (codification)

AND

COM(2014)305



Economic Community and the Swiss Confederation (codification)

AND

COM(2014)308



Economic Community and the Republic of Iceland (codification)

AND

COM(2014)317


the measures that the Union may take following a report adopted by the WTO

Dispute Settlement Body concerning anti-dumping and anti-subsidy matters

(codification)

AND

94

COM(2014)318


measures that the Union may take in relation to the combined effect of anti-

dumping or anti-subsidy measures with safeguard measures (codification)

AND

COM(2014)321


common rules for imports (codification)

AND

COM(2014)322


common rules for exports (codification)

AND

COM(2014)343


additional customs duties on imports of certain products originating in the

United States of America (codification)

AND

COM(2014)110

Proposal for a Council Decision on the position to be adopted, on behalf of the

European Union, within the Joint Committee established by the Regional

Convention on pan-Euro-Mediterranean preferential rules of origin as regards

the request of the Republic of Moldova to become a Contracting Party to that

Convention

AND

95

COM(2014)323


common rules for imports from certain third countries (recast)

AND

EWN(2014)C 171-11

Notice of initiation of a partial interim review of the countervailing measures

applicable to imports of certain polyethylene terephthalate originating in India

It was agreed that these proposals do not warrant further scrutiny.

96





2. Attendance.


Deputies: Dara Calleary, Áine Collins, Michael Conaghan, Seán Kyne,

Anthony Lawlor, John Lyons (in the chair) and Peadar Tóibín.

Senators: Feargal Quinn and Mary White.

Apologies were received from Deputy Damien English.

[Private Session]






[Public Session]

8. Session 1: Meeting with Ms Julie Sinnamon, Chief Executive, Mr Niall

O’Donnellan, Divisional Manager and Mr Tom Hayes, Divisional Manager,

Enterprise Ireland to discuss Enterprise Ireland’s Annual Report 2013 and

progress to date including the National Micro Enterprise Policy.

The Vice-Chairman welcomed Ms Julie Sinnamon, Chief Executive Officer, Mr

Niall O’Donnellan, Divisional Manager and Mr Tom Hayes, Divisional Manager,

Enterprise Ireland to discuss Enterprise Ireland’s Annual Report 2013 and progress

to date including the National Micro Enterprise Policy.

Ms Sinnamon made her presentation to the Committee.


97

On conclusion: The Vice-Chairman thanked Ms Sinnamon, Mr O’Donnellan and

Mr Hayes for attending the meeting and engaging with Members.


9. Session 2: Discussion with Mr Dermot Divilly, Chairperson Designate, Personal

Injuries Assessment Board (PIAB).

The Vice-Chairman welcomed, Mr. Dermot Divilly, Chairperson designate,

Personal Injuries Assessment Board (PIAB) to the meeting.

Mr. Divilly made his opening remarks to the Committee.


On conclusion: The Vice-Chairman thanked Mr. Divilly for engaging with the

Committee and wished him well in his forthcoming appointment.

It was agreed to inform the Minister for Jobs, Enterprise and Innovation that the

Committee had concluded its engagement with Mr. Divilly on his proposed

appointment as Chairperson of the Personal Injuries Assessment Board (PIAB) and

to advise him that the transcript of the debate would be available at

www.oireachtas.ie in due course.

10. Adjournment.

The Committee adjourned at 4.01 p.m. until 1.30 p.m. on Tuesday 16 September

2014.

98





2. Attendance.


Deputies: Dara Calleary, Michael Conaghan, Marcella Corcoran-Kennedy,

Anthony Lawlor, John Lyons and Eoghan Murphy.

Senators: David Cullinane, Michael Mullins and Mary White.

Apologies were received from Deputies Áine Collins, Seán Kyne and Peadar Tóibín

and Senators John Kelly and Feargal Quinn.

Deputy Eoghan Murphy substituted for Deputy Seán Kyne [DSO 92(2)].

3. Election of Chair.

The Clerk invited nominations for the position of Chair of the committee.

Deputy Anthony Lawlor moved “That Deputy Marcella Corcoran-Kennedy be

elected Chairperson of the Committee”. Deputy John Lyons seconded the motion.

The question was put by the Clerk and agreed to.

Deputy Corcoran-Kennedy took the Chair accordingly.

4. Adjournment.


2014.

99


Minutes of 16 September 2014



2. Attendance.


Deputies: Marcella Corcoran- Kennedy (in the chair), Anthony Lawlor, Peadar

Tóibín and Eoghan Murphy.

Senators: Feargal Quinn

In accordance with Dáil Standing Order 92(3) Deputy Eoghan Murphy substituted

for Deputy Seán Kyne.

Apologies were received from Deputies Dara Calleary, Michael Conaghan, Seán

Kyne, John Lyons and Senators Michael Mullins and Mary White.

[Public Session]

3. Discussion with Minister Richard Bruton T.D., Minister for Jobs, Enterprise

and Innovation and Minister of State Damien English, T.D., Minister of State

for Skills, Research and Innovation on the In-Year Review of Vote 32 - Jobs,

Enterprise and Innovation – for the year ending 31 December 2014.

The Chair welcomed Mr Richard Bruton T.D. Minister for Jobs, Enterprise and

Innovation and Mr. Damien English, Minister of State for Skills, Research and

Innovation to the meeting to discuss the In-Year Review of Vote 32 – Jobs,

Enterprise and Innovation – for the year ending 31 December 2014.

The Chair also welcomed the officials from the Department of Jobs, Enterprise and

Innovation and thanked them for the briefing material supplied to the Committee.

Minister Bruton and Minister of State English made presentations to the Committee.


100

On conclusion of the question and answer session, the Chair thanked the Ministers

and their Officials for attending the meeting and for their engagement with the

Committee.

4. Adjournment.

The Chair advised Members that the Joint Committee would meet in Private

Session next Tuesday to consider the Work Programme of the Committee for the

next session, budgetary issues and the draft Annual Report 2013.


2014.

101





2. Attendance.


Deputies: Marcella Corcoran-Kennedy (Chair), Anthony Lawlor, Peadar Tóibín

Senators: David Cullinane, Feargal Quinn, Mary White

Apologies were received from Deputies Áine Collins, John Lyons, Michael

Conaghan and Seán Kyne.

[Private Session]






8. Adjournment.


2014.

102





2. Attendance.


Deputies: Marcella Corcoran-Kennedy in the Chair, Anthony Lawlor, Peadar

Tóibín, Michael Conaghan and John Lyons.

Senators: David Cullinane, Feargal Quinn and Mary White

Apologies were received from Deputy Dara Calleary.

[Private Session]







[Public Session]

9. EU Scrutiny.


Decision: It was agreed that the proposals, listed in ‘Schedule B’, with the exception

of COM(2014)345: Proposal for a Regulation of the European Parliament and of

the Council on common rules for imports of textile products from certain third

countries not covered by bilateral agreements, protocols or other arrangements, or

by other specific Union import rules (recast), do not warrant further scrutiny. It was

further agreed that Advice Note on this proposal detailing substantive alterations to

Regulation (EC) No 517/94 of 7 March 1994 would be prepared for the Joint

Committee:-

103

COM(2014)319; COM(2014)341; COM(2014)377;

COM(2014)391; COM(2014)448; COM(2014)452;

COM(2014)495; COM(2014)496; COM(2014)534;

COM(2014)542; COM(2014)543.



COM(2014)344: Proposal for a Directive of the European Parliament and of the

Council on the dissemination of Earth observation satellite data for commercial

purposes.

Decision:

It was agreed to further scrutinise this proposal by writing to the Department of

Jobs, Enterprise and Innovation requesting a written brief on the effects of this

proposal on national security and privacy of the individual. It was also agreed to

request a summary of the regulatory regimes of High Resolution Satellite Data in

place in France, Germany and Italy. It was agreed that the Committee would request

a list of the main uses of High Resolution Satellite Data.

10. Discussion with Vintners Federation of Ireland – Policy Options to support


The Chair welcomed, Mr Padraig Cribben, Mr Dónal O’Keeffe and Mr Adrian

Cummins representing The Vintners Federation of Ireland and Mr John Nealon of

the Licenced Vintners Association to the meeting on policy options to support


A presentation was made to the Committee followed by a question and answer

session with Members.

On conclusion: The Chairman thanked the delegation for engaging with the

Committee on such an important issue.

Discussion with Hardware Association Ireland – Policy Options to support


104

The Chair welcomed, Ms. Annemarie Harte, Mr. Jim Copeland, Mr. Alex Taylor

and Ms. Heather Graham representing The Hardware Association Ireland to the

meeting to policy options to support business growth and job creation and retention

in town and village centres.

A presentation was made to the Committee followed by a question and answer




11. Adjournment.

The Committee adjourned at 3.33 p.m. until 1.30 p.m. on Tuesday 7 October 2014.

105

Annex 1

Schedule B

1. For no further scrutiny

1.1 COM(2014)319

Proposal for a Regulation of the European Parliament and of the Council to

avoid trade diversion into the European Union of certain key medicines

(codification)

AND

1.2 COM(2014)341

Proposal for a Regulation of the European Parliament and of the Council

laying down Union procedures in the field of the common commercial policy

in order to ensure the exercise of the Union’s rights under international trade

rules, in particular those established under the auspices of the World Trade

Organization (codification)

AND

1.3 COM(2014)377

Proposal for a Council Regulation on the application of Articles 107 and 108

of the Treaty on the Functioning of the European Union to certain categories

of horizontal state aid (codification)

AND

1.4 COM(2014)391

Proposal for a Council Directive adapting Directive 2013/34/EU of the

European Parliament and of the Council by reason of the accession of Croatia

AND

106

1.5 COM(2014)448

Proposal for a Council Regulation adapting Council Regulation (EC) No

1340/2008 of 8 December 2008 on trade in certain steel products between the

European Community and the Republic of Kazakhstan by reason of the


AND

1.6 COM(2014)452

Proposal for a Council Directive implementing the European Agreement

concluded by the European Barge Union (EBU), the European Skippers

Organisation (ESO) and the European Transport Workers’ Federation (ETF)

concerning certain aspects of the organisation of working time in inland

waterway transport

AND

1.7 COM(2014)495

Proposal for a Council Decision on the signature and provisional application

of the Agreement for scientific and technological cooperation between the

European Union and the Faroe Islands associating the Faroe Islands to

Horizon 2020 - the Framework Programme for Research and Innovation

(2014-2020)

AND

1.8 COM(2014)496

Proposal for a Council Decision on the conclusion of the Agreement for

scientific and technological cooperation between the European Union and the

Faroe Islands associating the Faroe Islands to Horizon 2020 - the Framework

Programme for Research and Innovation (2014-2020)

AND

107

1.9 COM(2014)534

Proposal for a Council Regulation laying down detailed rules for the

application of Article 108 of the Treaty on the Functioning of the European

Union (codification)

AND

1.10 COM(2014)542

Proposal for a Regulation of the European Parliament and of the Council

amending Council Regulation (EC) No 55/2008 introducing autonomous trade

preferences for the Republic of Moldova

AND

1.11 COM(2014)543

Proposal for a Council Decision on the position to be taken on behalf of the

European Union as regards the establishment of a list of 15 arbitrators for the

Protocol on Cultural Cooperation to the Free Trade Agreement between the

European Union and its Member States, of the one part, and the Republic of

Korea, of the other part.

108


Minutes of 7 October 2014



2. Attendance.



Tóibín, and John Lyons.

Senators: Mary White.

Apologies were received from Deputies Michael Conaghan and Áine Collins and

Senator Feargal Quinn.

[Private Session]





[Public Session]

Briefing by Minister Richard Bruton T.D., Minister for Jobs, Enterprise and

Innovation on the Credit Guarantee Scheme and an update on the Committee’s

South East Economic Development Strategy (SEEDS) Report

The Chair welcomed Mr Richard Bruton T.D. Minister for Jobs, Enterprise and

Innovation to the meeting to brief the Committee on the Credit Guarantee Scheme

and to update them on the Committee’s South East Economic Development

Strategy (SEEDS) Report.



Minister Bruton made his presentation to the Committee.


109

On conclusion of the question and answer session, the Chair thanked the Minister

and his Officials for attending the meeting and for their engagement with the

Committee.

Briefing by Mr Gerald Nash T.D., Minister for Business and Employment in

advance of the EPSCO Council scheduled for Luxembourg on the 16th

October

The Chair welcomed Mr Gerald Nash T.D., Minister for Business and Employment

and his officials to the meeting to brief the Committee in advance of his attendance

at the EPSCO Council in Luxembourg on the 16th

October.



Minister Nash made his presentation to the Committee.


On conclusion of the question and answer session, the Chair thanked the Minister

and his Officials for attending the meeting and for their engagement with the

Committee.

[Private Session]



[Public Session]

9. EU Scrutiny

COM(2014)452: Proposal for a Council Directive implementing the European

Agreement concluded by the European Barge Union (EBU), the European Skippers


concerning certain aspects of the organisation of working time in inland waterway

transport.

Decision:

110

It was agreed that this proposal warrants further scrutiny. The Committee agreed to

request updates from the Department of Jobs, Enterprise and Innovation(DJEI) on

any developments with the proposal. It was further agreed to request a written brief

from DJEI on the state of the proposal following the EPSCO meeting on the 16th of

October 2014.

10. Adjournment.

The Committee adjourned at 3.12 p.m. until 1.30 p.m. on Tuesday 21 October 2014.

111


Minutes of 21 October 2014



2. Attendance.



Tóibín and Seán Kyne

Senators: David Cullinane, Feargal Quinn and Mary White

Apologies were received from Deputies Dara Calleary, Áine Collins and John

Lyons.

[Private Session]






[Public Session]

8. EU Scrutiny.

Schedule B Proposals:

Decision: It was agreed that the proposals and early warning notices, listed in

“Schedule B”, with the exception of COM(2014)539 Proposal for a Council

Decision establishing the position to be taken by the European Union within the

Committee on Government Procurement on the withdrawal of the Union objections

to the delisting of three entities from Japan's Annex 3 to Appendix I to the

Agreement on Government Procurement; COM(2014)573 Proposal for a Council

Decision establishing the position to be taken on behalf of the European Union

within the Committee on Government Procurement on the accession of Montenegro

to the Agreement on Government Procurement and COM(2014)574 Proposal for a

Council Decision establishing the position to be taken on behalf of the European

112

Union within the Committee on Government Procurement on the accession of New

Zealand to the Agreement on Government Procurement do not warrant further

scrutiny. It was further agreed that a briefing outlining the aims of the Agreement on

Government Procurement (GPA) and its impact on Ireland would be requested from

the Department of Jobs, Enterprise and Innovation in relation to these three

proposals.

(Please refer to Annex I for full listing of Schedule B Proposals and Early Warning

Notes)

Schedule A Proposals:

Com(2014)345 Proposal for a Regulation of the European Parliament and of the

Council on common rules for imports of textile products from certain third countries

not covered by bilateral agreements, protocols or other arrangements, or by other

specific Union import rules (recast)

Decision: It was agreed that this proposal warranted no further scrutiny.

Com(2014)503 Proposal for a Council Decision on the conclusion on behalf of the

European Union and its Member States of the Additional Protocol to the Trade

Agreement between the European Union and its Member States, of the one part, and

Colombia and Peru, of the other part, to take account of the accession of Croatia to

the European Union.

and

Com(2014)504 Proposal for a Council Decision on the signing, on behalf of the

European Union and its Member States, and provisional application of the

Additional Protocol to the Trade Agreement between the European Union and its

Member States, of the one part, and Colombia and Peru, of the other part, to take

account of the accession of Croatia to the European Union do not warrant further

scrutiny.

Decision: It was agreed that these proposals; Com(2014)503 & Com(2014)504

warrant further scrutiny. The Committee agreed that it wishes to submit a political

contribution which highlights their concerns regarding human rights abuses in

113

Colombia, with respect to the issue of supervisory and enforcement mechanisms

within the Free Trade Agreement to which Croatia would become part as a result of

these proposals.

9. Discussion in respect of access to public procurement contracts and related

matters for small suppliers.

Session 1

The Chair welcomed, Mr John O’Brien and Mr Dave O’Reilly, representing The

Copier Suppliers Group; Ms Mary Fallon, Alan Hanna’s Bookshop & Irish Library

Suppliers Ltd and Mr. John McNamee of Laois Education/Eason Portlaoise; Mr.

Michael O’Brien of O’Brien Press and Mr. Brendan Bannigan, Open Book

Company Library Services Ltd. to the meeting on access to public procurement

contracts and related matters for small suppliers.

Presentations were made to the Committee followed by a question and answer




Session 2

The Chair welcomed, Mr. Paul Quinn and Mr. Vincent Campbell representing the

Office of Government Procurement; Mr. Alan Davies, DCU and Mr. Aidan

Sweeney and Mr. Fergal O’Brien representing IBEC to the meeting on access to

public procurement contracts and related matters for small suppliers.





10. Adjournment.

The Chair reminded members of the Select Committee that it would meet on

Tuesday 4 November at 10:30am when the Committee Stage of the Intellectual

Property (Miscellaneous Provisions) Bill will be taken.

114

The Joint Committee adjourned at 4.46 p.m. until Tuesday 11 November at 1.30pm

to commence Pre-Legislative Scrutiny of the Industrial Relations (Amendment) Bill

2014.

115

Annex 1

Schedule A

It is agreed that the Proposals listed on Schedule A, other than Com(2014)503; and

Com(2014)504, do not warrant further scrutiny. In relation to Com(2014)503 and

Com(2014)504, it was agreed that these proposals warrant further scrutiny. The

Committee agreed that it wishes to submit a political contribution which highlights their

concerns regarding human rights abuses in Colombia, with respect to the issue of

supervisory and enforcement mechanisms within the Free Trade Agreement to which

Croatia would become part as a result of these proposals.

Schedule B

Proposals taken together

Agreed decision:

It is agreed that the Proposals and Early Warning Notices listed on Schedule B, other than

Com(2014)539; Com(2014)573; Com(2014)574, do not warrant further scrutiny. In

relation to Com(2014)539; Com(2014)573 and Com(2014)574, it was agreed to request a

written briefing from the Department of Jobs, Enterprise and Innovation outlining the aims

of the Agreement on Government Procurement(GPA) and the impact of the Agreement on

Ireland.

2. It was agreed that the following proposals warrant further Scrutiny.

2.1 Com(2014)503 Proposal for a Council Decision on the conclusion on behalf of the




the European Union

AND

2.2 Com(2014)504 Proposal for a Council Decision on the signing, on behalf of the

European Union and its Member States, and provisional application of the Additional

116

Protocol to the Trade Agreement between the European Union and its Member States,

of the one part, and Colombia and Peru, of the other part, to take account of the


AND

2.3 Com(2014)539 Proposal for a Council Decision establishing the position to be taken

by the European Union within the Committee on Government Procurement on the

withdrawal of the Union objections to the delisting of three entities from Japan's

Annex 3 to Appendix I to the Agreement on Government Procurement

AND


on behalf of the European Union within the Committee on Government Procurement

on the accession of Montenegro to the Agreement on Government Procurement

AND



on the accession of New Zealand to the Agreement on Government Procurement

It was agreed that the following proposals and early warning notes do not

warrant further scrutiny.

2.6 Com(2014)345 Proposal for a Regulation of the European Parliament and of the

Council on common rules for imports of textile products from certain third countries

not covered by bilateral agreements, protocols or other arrangements, or by other

specific Union import rules (recast)

AND

117

2.7 COM(2014)516 Proposal for a Council Decision on the signing on behalf of the


Protocol to the Trade, Development and Cooperation Agreement between the European

Community and its Member States, of the one part, and the Republic of South Africa, of

the other part, to take account of the accession of Croatia to the European Union

AND

2.8 COM(2014)517 Proposal for a Council Decision on the conclusion on behalf of the

European Union and its Member States of the Additional Protocol to the Trade,

Development and Cooperation Agreement between the European Community and its

Member States, of the one part, and the Republic of South Africa, of the other part, to take

account of the accession of Croatia to the European Union

Early Warning Notes

2.9 EWN (2014) C 217-11 Biodiesel USA Notice of initiation of an expiry review of the

countervailing measures applicable to imports of Biodiesel originating in the United States

of America

AND

2.10 EWN (2014) C 217 - 10 Biodiesel USA Notice of initiation of an expiry review of the anti-

dumping measures applicable to imports of Biodiesel originating in the United States of

America

AND

2.11 EWN(2014) C 250-07 Notice of initiation of a partial interim review of the countervailing

measures applicable to imports of certain polyethylene terephthalate originating in India.

The review is limited in scope to the examination of subsidisation as far as Reliance

Industries Limited is concerned

AND

118

2.12 EWN(2014) C252-05 Notice of initiation of an expiry review of the anti-dumping

measures applicable to imports of wire rod originating in the People’s Republic of China

AND

2.13 EWN(2014)C 295-6 Notice of initiation of an expiry review of the anti-dumping

measures applicable to imports of certain tube and pipe fittings of iron or steel

originating in the People’s Republic of China and extended to Taiwan, Indonesia, Sri

Lanka and the Philippines

AND

2.14 EWN(2014)L 192-42 Commission Regulation (EU) No 727/2014 of 30 June 2014

initiating a “new exporter” review of Council Implementing Regulation (EU) No

1389/2011 imposing a definitive anti-dumping duty on imports of Trichloroisocyanuric

acid originating in the People’s Republic of China repealing the duty with regard to

imports from one exporter in this country and making these imports subject to

registration

AND

2.15 EWN(2014)L 246-1 Commission Regulation (EU) No 904/2014 of 20 August 2014

imposing a provisional anti-dumping duty on imports of monosodium glutamate

originating in Indonesia

119


Minutes of 11 November 2014



2. Attendance.


Deputies: Marcella Corcoran-Kennedy in the Chair, Dara Calleary, Michael

Conaghan, John Lyons, Anthony Lawlor, Peadar Tóibín, Seán Kyne

Senators: David Cullinane, John Kelly, Michael Mullins and Feargal Quinn

Apologies were received from Senator Mary White

[Private Session]






[Public Session]

8. EU Scrutiny.

Com(2014)452 Proposal for a Council Directive implementing the European




transport

Decision: It was agreed that this proposal warranted further scrutiny.

Com(2014)539 Proposal for a Council Decision establishing the position to be

taken by the European Union within the Committee on Government Procurement on

the withdrawal of the Union objections to the delisting of three entities from Japan's


120



taken on behalf of the European Union within the Committee on Government

Procurement on the accession of Montenegro to the Agreement on Government

Procurement



taken on behalf of the European Union within the Committee on Government

Procurement on the accession of New Zealand to the Agreement on Government

Procurement


9. Heads of the Industrial Relations (Amendment) Bill.

Session 1

Briefing by Minister for Business and Employment, Mr. Ged Nash on the general

scheme of the Industrial Relations (Amendment) Bill.

The Chair welcomed Minister Nash and his officials and invited the Minister to

make his presentation to the Committee.

The Minister made his presentation to the Committee and a question and answer

session with Members followed.

On conclusion, the Chair thanked the Minister and his officials for engaging with the


Session 2

The Chair welcomed Mr. Kieran Mulvey, Chief Executive of the Labour Relations

Commission and Ms. Patricia King, (Vice President) and Ms. Esther Lynch, of the

Irish Congress of Trade Unions to the meeting and thanked them for coming before

the Committee to discuss the general scheme of the Industrial Relations


121





10. Adjournment.

The Joint Committee adjourned at 3.41 p.m. until Tuesday 18 November at 1.30pm

to re-commence Pre-Legislative Scrutiny of the General Scheme of the Industrial

Relations (Amendment) Bill 2014.

122

Annex 1

Schedule A

It is agreed that the Proposals listed on Schedule A, other than Com(2014)452 do not

warrant further scrutiny. In relation to Com(2014)452, it was agreed that this proposal

warrants further scrutiny, it was further agreed to request a further update from the

Department of Jobs, Enterprise and Innovation following the EPSCO Council meeting in

December 2014.

With respect to Com(2014)503 and Com(2014)504, the Committee agreed that no further

scrutiny of these proposals was required. The Committee agreed that these proposals

warranted no further scrutiny. The Committee further agreed that the submission of a

political contribution, as agreed by the Committee on the 21st of October 2014, be

redirected to Com(2011)569 with the particular wording of the Contribution to be agreed

at a future meeting.

1. For no further Scrutiny





the European Union

AND






AND



123



AND




AND




2. For further Scrutiny

2.1 Com(2014)452 Proposal for a Council Directive implementing the European




transport

124





2. Attendance.


Deputies: Marcella Corcoran-Kennedy in the Chair, Dara Calleary, John Lyons,

Anthony Lawlor, Michael Conaghan and Seán Kyne

Senators: Feargal Quinn

Apologies were received from Senator Mary White and Deputies Áine Collins and

Peadar Tóibín.

[Private Session]





[Public Session]

7. Heads of the Industrial Relations (Amendment) Bill.

Session 1

The Chair welcomed Ms. Jean Winters, Mr. Tom Parlon and Mr. Michael Stone

from the Construction Industry Federation and Ms. Maeve McElwee and Ms. Gillian

Verrecchia from IBEC and thanked them for coming before the Committee to

discuss the general scheme of the Industrial Relations (Amendment) Bill 2014.



On conclusion, the Chair thanked the delegations for engaging with the Committee

on such an important issue.

The sitting was suspended from 2.32pm to 2:43pm.

Session 2

125

The Chair welcomed Mr. Chris Lundy from the Association of Electrical

Contractors (Ireland), Mr. John Smith from National Electrical Contractors Ireland,

Mr. Brian Nolan from the TEEU and Mr. Ned Costigan from the Construction

Workers Alliance to the meeting and thanked them for coming before the

Committee to discuss the general scheme of the Industrial Relations (Amendment)

Bill 2014.



On conclusion the Chairman thanked the delegation for engaging with the

Committee on such an important issue. She indicated that the Committee would be

considering all proposals made when preparing its Report to the Minister.

8. Adjournment.

The Joint Committee adjourned at 3.26 p.m. until Tuesday 25 November at 1.30pm.

126

Annex 1

Schedule A





December 2014.












the European Union

AND






AND



127



AND




AND









transport

128





2. Attendance.


Deputies: Marcella Corcoran-Kennedy in the Chair, John Lyons, Anthony

Lawlor and Seán Kyne

Senators: Feargal Quinn and David Cullinane

Apologies were received from Deputies Áine Collins, Peadar Tóibín, Michael

Conaghan and Senator Michael Mullins.

[Private Session]






[Public Session]

8. Discussion with FIT Ltd., on the findings of the recent FIT ICT Skills Audit.

The Chair welcomed Mr. Barry O’Brien, Government Programmes Executive, IBM

Mr. Peter Davitt, CEO FIT, Mr. Paul Sweetman, Director ICT Ireland and the Irish

Software Association (Ibec), FIT Board Member, Mr. George Ryan, FIT Chief

Operations Officer and Mr. Kieran Sweeney, Head of Microsoft Capability, Version

1, FIT Board Member and thanked them for coming before the Committee to discuss

the findings of the recent ICT Skills Audit.



On conclusion, the Chair thanked the delegation for engaging with the Committee

on such an important issue.

129

9. Adjournment.

The Joint Committee adjourned at 2.53 p.m. until Tuesday 2 December 2014.

130

Annex 1

Schedule A





December 2014.












the European Union

AND






AND



131



AND




AND









transport

132


Minutes of 2 December 2014



2. Attendance.


Deputies: Marcella Corcoran-Kennedy (Chair), Anthony Lawlor, Peadar

Tóibín, Michael Conaghan, Seán Kyne, John Lyons, Dara Calleary.

Senators: David Cullinane; Feargal Quinn; Mary White; Michael Mullins

Apologies were received from Deputy Áine Collins.

[Private Session]











13. Adjournment.

The Committee adjourned at 2.53 p.m. until Tuesday 16 December 2014 at 1.30pm.

133


Minutes of 16 December 2014



2. Attendance.


Deputies: Marcella Corcoran-Kennedy (Chair), Anthony Lawlor, Peadar

Tóibín, Seán Kyne, Dara Calleary, Michael Conaghan.

Senators: Feargal Quinn, Michael Mullins, John Lyons.

Apologies were received from Deputies Áine Collins and John Lyons and

Senator Hildegarde Naughton.

[Private Session]








[Public Session]

10. EU Scrutiny.

Schedule A

Com(2014)452 Proposal for a Council Directive implementing the European




transport

Decision: The Committee agreed that a political contribution in relation to this

proposal was warranted.

134

The Committee agreed that a political contribution be drafted in advance of the next

meeting and that it should address the following issues in relation to this proposal:

-The Committee's concern regarding the lack of clarity in the scope of the agreement

from a sufficiently early stage;

-The fact that an exemption was not carved out for Ireland and other member states

in accordance with precedent;

-The issue of proportionality.

The Committee further agreed that the political contribution should conclude with a

recommendation that in future, any proposals which relate to sectors or policy areas

in which exemptions have traditionally been carved out for any member state, that

the Commission ensure that the scope of such proposals is clearly indicated from the

date the proposal is published in order to facilitate proper scrutiny.

Schedule B

The Committee agreed that the following proposals and early warning notes

did not warrant further scrutiny:

Com(2014)449 White Paper - Towards more effective EU merger control (Text

with EEA relevance)

Com(2014)469 Green Paper Making the most out of Europe's traditional know-how:

a possible extension of geographical indication protection of the European Union to

non-agricultural products (Text with EEA relevance).

Com(2014)587 Proposal for a Council Decision on the Union position to be adopted

in the Association Council established by the Association Agreement between the

European Union and the European Atomic Energy Community and their Member

States, of the one part, and the Republic of Moldova, of the other part, in relation to

the adoption of the rules of procedure of the Association Council and of the

Association Committee, to the establishment of two specialised subcommittees, and

to the delegation of certain powers by the Association Council to the Association

Committee in Trade configuration.


Council on protection against injurious pricing of vessels (codification).

135

Com(2014)609 Proposal for a Council Decision amending the Council Decision on

the signing, on behalf of the European Union, and provisional application of the

Association Agreement between the European Union and the European Atomic

Energy Community and their Member States, of the one part, and Ukraine, of the

other part, as regards Title III (with the exception of the provisions relating to the

treatment of third-country nationals legally employed as workers in the territory of

the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes

and Protocols.

Com(2014)636 Proposal for a Council and Commission Decision on the position to

be adopted on behalf of the Union and the European Atomic Energy Community in

the Association Council established by the Association Agreement between the

European Union and the European Atomic Energy Community and their Member

States, of the one part, and Georgia, of the other part, in relation to the adoption of

the rules of procedure of the Association Council and of the Association Committee,

to the establishment of two subcommittees, and to the delegation of certain powers

by the Association Council to the Association Committee in Trade configuration.

Com(2014)652 Proposal for a Council Decision on the position to be adopted, on

behalf of the European Union, at the Eighth Conference of the Parties to the

Helsinki Convention on Transboundary Effects of Industrial Accidents with regard

to the proposal for an amendment of Annex I.


Council on protection against subsidised imports from countries not members of the

European Union (codification).

Com(2014)664 Proposal for a Council Decision establishing the position to be taken

by the European Union within the General Council of the World Trade Organization

on the accession of the Republic of Seychelles to the WTO.


COUNCIL on protection against dumped imports from countries not members of the

European Union (codification).

EWN(2014)C 330-06 Notice of initiation of a partial interim review of the anti-

dumping measures applicable to imports of certain open mesh fabrics of glass fibres

originating in the People’s Republic of China, as extended to imports consigned

from India, whether declared as originating in India or not. India. The review is

136

limited in scope to the examination of the possibility of granting an exemption from

the anti-dumping measures applicable to the applicant Pyrotek India Pvt. Ltd.

EWN(2014)C 347-06 Notice of initiation of an expiry review of the anti-dumping

measures applicable to imports of certain seamless pipes and tubes of iron or steel

originating in the People’s Republic of China

EWN(2014)C 350-09 Notice of initiation of an expiry review of the anti-dumping

measures applicable to imports of certain aluminium foils originating in Brazil and

the People’s Republic of China.

EWN(2014)L 319-1 Commission Implementing Regulation (EU) No 1195/2014 of

29 October 2014 imposing a provisional countervailing duty on imports of certain

rainbow trout originating in Turkey.

The Committee agreed that the following items required further scrutiny:


Council on the tariff treatment for goods originating from Ecuador.

Agreed decision: The decision of the Committee was that this proposal warrants

further scrutiny. The Committee has requested additional information from the

Department of Jobs, Enterprise and Innovation on this proposal, with a focus on the

allegation that leaked documentation indicates that Ecuador was pressured into

participation in the Trade Agreement between the EU of the one part and

Colombia/Peru of the other.

Com(2014)693 Proposal for a Council Regulation amending Regulation (EU) No

1388/2013 opening and providing for the management of autonomous tariff quotas

of the Union for certain agricultural and industrial products.

Agreed decision: The Committee decided that this proposal warrants further

scrutiny. The Committee has asked that information be requested from the

Department of Jobs, Enterprise and Innovation outlining the types of products

concerned and additionally; seeking clarification regarding the input of the

Department of Agriculture, Food and the Marine in the drafting of the information

note of this particular proposal.

11. Adjournment.

The Committee adjourned at 2.57 p.m. until Tuesday 27 January 2015 at 1.30pm.

137

APPENDIX 5: Meetings of the Dáil Select Committees

The following are the details, in date order, of the scheduled meetings of the Select

Committee which took place during the period under report.

Meeting No. /

Date


who attended

S10

21/01/2014

Revised Estimate for

Department of Jobs,

Enterprise and Innovation –

Vote 32.

Minister Richard Bruton, Minister

for Jobs, Enterprise and Innovation

Seán Sherlock T.D., Minister of

State for Jobs, Enterprise and

Innovation

John Perry T.D., Minister of State


S11

18/02/2014

Consideration of County

Enterprise Boards

(Dissolution) Bill, 2013.



S12

11/03/2014

Consideration of Industrial

Relations (Forfás

Dissolution) Bill, 2013.



S13

15/05/ 2014


Competition and Consumer

Protection Bill, 2014.



S14

26/06/2014


Employment Permits

(Amendment) Bill, 2014.



Innovation

S15

03/07/2014

Consideration of the Friendly

Societies and Industrial and

Provident Societies

(Miscellaneous Provisions)

Bill, 2013.



Innovation

S16

04/11/2014


Intellectual Property

(Miscellaneous Provisions)

Bill, 2014.

Damien English T.D., Minister of


Innovation

S17

06/11/2014


Workplace Relations Bill,

2014.



S18

09/12/2014


Supplementary Estimate for

the Department of Jobs,

Enterprise and Innovation –

Vote 32



http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2013/13813/b13813d.pdf



138

APPENDIX 6: Minutes of Proceedings of the Dáil Select Committees IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

__________________

Dé Máirt, 21 Eanáir, 2014

Tuesday, 21 January, 2014

__________________

1. Chruinnigh an Coiste ar 1.40 p.m.

1. The Committee met at 1.40 p.m.

2. COMHALTAÍ I LÁTHAIR.

Bhí na comhaltaí seo a leanas i láthair:

2. MEMBERS PRESENT.


An Teachta Seán Ó Laighin (i gCeannas),

An Teachta Risteárd de Briotún (An tAire

Post, Fiontar agus Nuálaíochta), An

Teachta Seán Ó Searlóg (An tAire Stáit, an

Roinn Post, Fiontar agus Nuálaíochta agus

an Roinn Oideachais agus Scileanna), An

Teachta Seán Ó Poire (An tAire Stáit, an

Roinn Post, Fiontar agus Nuálaíochta), Na

Teachtaí Dara Mac Giolla Laoire, Áine Ní

Choileáin, Seán Ó Cadhain agus Antóin Ó

Leathleabhair.

Deputy John Lyons (in the Chair), Deputy

Richard Bruton (Minister for Jobs, Enterprise

and Innovation), Deputy Seán Sherlock

(Minister of State, Department of Jobs,

Enterprise and Innovation and Department of

Education and Skills), Deputy John Perry

(Minister of State, Department of Jobs,

Enterprise and Innovation), Deputies Dara

Calleary, Áine Collins, Seán Kyne and

Anthony Lawlor.

3. BREITHNIÚ AR MHEASTACHÁIN I

GCOMHAIR SEIRBHÍSÍ POIBLÍ.

Bhreithnigh an Coiste an Meastachán seo a

leanas i gcomhair Seirbhísí Poiblí don

bhliain dar críoch an 31 Nollaig, 2014 –

Vóta 32 (Poist, Fiontair agus

Nuálaíocht) (Meastachán

Athbhreithnithe).

Críochnaíodh an breithniú ar an

Meastachán.

Cuireadh teachtaireacht chun na Dála de réir

Bhuan-Ordú 87 á chur in iúl di gur

chríochnaigh an Coiste a bhreithniú ar an

Meastachán.

3. CONSIDERATION OF ESTIMATES FOR PUBLIC

SERVICES.

The Committee considered the following

Estimate for Public Services for the year

ending 31st December, 2014 –

Vote 32 (Jobs Enterprise and

Innovation) (Revised Estimate).

Consideration of the Estimate was concluded.

Message sent to the Dáil in accordance with

Standing Order 87 acquainting it that the

Committee had completed its consideration of

the Estimate

4. ATHLÁ.

Cuireadh an Coiste ar athló ar 3.20 p.m. sine

die.

4. ADJOURNMENT.

The Committee adjourned at 3.20 p.m. sine

die.

139

IMEACHTAÍ AN ROGHCHOISTE


__________________

Dé Máirt,18 Feabhra, 2014

Tuesday, 18 February, 2014

__________________



An Teachta Damien Inglis (i gCeannas),


Post, Fiontar agus Nuálaíochta), Na


Choileáin, Micheál Ó Connacháin, Seán Ó

Cadhain, Antóin Ó Leathleabhair, Seán Ó

Laighin agus Peadar Tóibín.


2. MEMBERS PRESENT.

Deputy Damien English (in the Chair),

Deputy Richard Bruton (Minister for Jobs,


Calleary, Áine Collins, Michael

Conaghan, Seán Kyne, Anthony Lawlor,

John Lyons and Peadar Tóibín.

3. AN BILLE UM BOIRD FIONTAR CONTAE

(DÍSCAOILEADH), 2013. [SEANAD]

Chrom an Coiste ar an mBille a

bhreithniú.

3. COUNTY ENTERPRISE BOARDS

(DISSOLUTION) BILL 2013. [SEANAD]

The Committee took the Bill into

consideration.

(i) Aontaíodh ailt 1 go 5, go huile. (i) Sections 1 to 5, inclusive, agreed to.

(ii) Alt nua.

Tairgeadh leasú (An Teachta Dara Mac

Giolla Laoire):

(ii) New section.

Amendment proposed (Deputy Dara

Calleary):

1. In page 4, between lines 28 and 29, to insert the following:

“6. The Minister shall, within 12 months of the enactment of this Act,

bring forward a report to assess—

(a) the impact of the measures contained in this Act on the overall

level of funding available to local authorities carrying out

functions prescribed under this Act, and

(b) the challenges faced by local authorities in trying to achieve

matching funding with that provided by Enterprise Ireland.”.

Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.

(iii) Alt 6.

(iii) Section 6.

Tairgeadh leasú (An Teachta Peadar

Tóibín):

Amendment proposed (Deputy Peadar

Toíbín ):

140


“(c) A local authority will only provide financial support by

way of loan or grant aid to a company that is compliant

with all employment law and labour court judgements.”.

Cuireadh an Cheist:- “Go ndéanfar an

leasú” – agus cinneadh gur freagra

diúltach a tugadh uirthi.

Question:- “That the amendment be

made”- put, and decided in the negative.


Giolla Laoire):


Calleary):


“(4) Funding for the activities carried out by local authorities on

behalf of Enterprise Ireland under the terms of this legislation

shall be identified as a separate item in the annual estimates

and shall not be included in the overall Enterprise Ireland

vote.”.






(iv) Aontaíodh alt 6. (iv) Section 6 agreed to.

(v) Alt nua.


Giolla Laoire):

(v) New section.


Calleary):

5. 5. In page 5, between lines 9 and 10, to insert the following:

“7. (1) Any alterations to an arrangement or service level agreement

(as provided for in paragraphs (b) and (c) of section 6)

between Enterprise Ireland and a local authority for the

provision of services under the terms of this Act shall be

subject to the approval of the Oireachtas.

(2) Any arrangement or service level agreement between

Enterprise Ireland and a local authority shall be subject to

review every three years from the date of the enactment

of this Act.”.



Giolla Laoire):


Calleary):


“7. In carrying out the functions as set out in this Act, a local

authority, acting on behalf of Enterprise Ireland, shall have

regard to the needs of domestic firms in the non-exporting

sector.”.

141

Tarraingíodh siar an leasú, faoi chead.

(vi) Aontaíodh alt 7.

Amendment, by leave, withdrawn.

(vi) Section 7 agreed to.

(vii) Alt 8.

Tairgeadh leasú (An tAire Post, Fiontar

agus Nuálaíochta):

(vii) Section 8.

Amendment proposed (Minister for Jobs,

Enterprise and Innovation):

8. In page 5, line 31, to delete “Every right” and substitute “Subject to

subsection (5)* of section 12, every right”.

Aontaíodh an leasú.

Aontaíodh an t-alt, mar a leasaíodh.

Amendment agreed to.

Section, as amended, agreed to.

(viii) Aontaíodh ailt 9, 10 agus 11. (viii) Sections 9, 10 and 11 agreed to.

(ix) Alt 12.



(ix) Section 12.



9. In page 8, to delete lines 13 to 23 and substitute the following:

“(5) (a) Save in accordance with a collective agreement negotiated

with a recognised trade union or staff association and approved

by the Minister with the consent of the Minister for Public

Expenditure and Reform, the entitlement to any

superannuation benefit of, or in respect of, a person who was

accepted into the employment of Forfás, Enterprise Ireland or

a local authority in accordance with this section shall be

determined, and the benefit shall be calculated and paid, by

Forfás, Enterprise Ireland or that local authority, as may be

appropriate, in accordance with such scheme, arrangements or

enactments in relation to superannuation as applied to the

person immediately before the dissolution day and, for that

purpose, his or her pensionable service with Forfás, Enterprise

Ireland or a local authority, as the case may be, shall be

aggregated with his or her previous pensionable service.

(b) Save in accordance with a collective agreement negotiated

with a recognised trade union or staff association and approved

by the Minister with the consent of the Minister for Public

Expenditure and Reform, the entitlement to any

superannuation benefit of, or in respect of, a person who is a

former member of the staff of a county enterprise board

(including those former members of staff of a county

enterprise board who are deceased) shall be determined, and

the benefit shall be calculated and paid, by the Minister in

accordance with such scheme, arrangements or enactments in

relation to superannuation as applied in respect of the person

immediately before the dissolution day.

(c) All functions in relation to superannuation under any scheme,

142

arrangement or enactment that, immediately before the

dissolution day, vested in a county enterprise board shall on

and from that day vest in the Minister.”.





(x) Aontaíodh ailt 13 agus 14. (x) Sections 13 and 14 agreed to.

(xi) Aontaíodh an Teideal. (xi) Title agreed to.

4. CRÍOCHNÚ AN GHNÓ.

Chríochnaigh an Coiste a bhreithniú ar an

mBille ar 4.05 p.m.

4. CONCLUSION OF BUSINESS.

The Committee concluded its

consideration of the Bill at 4.05 p.m.

5. TEACHTAIREACHT CHUIG DÁIL

ÉIREANN.

Cuireadh teachtaireacht chun na Dála á

chur in iúl di gur chríochnaigh an Coiste a

bhreithniú ar an mBille agus go raibh

leasuithe déanta aige air.

5. MESSAGE TO DÁIL ÉIREANN.

Message sent to the Dáil acquainting it

that the Committee had completed its

consideration of the Bill and had made

amendments thereto.

6. ATHLÁ.

Chuaigh an Coiste ar athló ar 4.05 p.m. sine

die.

6. ADJOURNMENT.


die.

143



__________________

Dé Mairt, 11 Márta 2014

Tuesday, 11 March 2014

__________________





Post, Fiontar agus Nuálaíochta), na

Teachtaí Dara Mac Giolla Laoire, Micheál

Ó Connacháin, Seán Ó Cadhain, Antóin Ó

Leathleabhair agus Peadar Tóibín.


2. MEMBERS PRESENT.


Richard Bruton (Minister for Jobs,


Calleary, Michael Conaghan, Seán Kyne,

Anthony Lawlor and Peadar Tóibín.

3. AN BILLE UM FHORBAIRT TIONSCAIL

(FORFÁS A DHÍSCAOILEADH) 2013.


bhreithniú.

3. INDUSTRIAL DEVELOPMENT (FORFÁS

DISSOLUTION) BILL 2013.


consideration.

(i) Aontaíodh ailt 1 go 41, go huile.

(ii) Aontaíodh an Sceideal.

(i) Sections 1 to 41, inclusive, agreed to.

(ii) Schedule agreed to.

(iii) Aontaíodh an Teideal.

(iii) Title agreed to.



mBille ar 1.50 p.m.





ÉIREANN.

CUIREADH TEACHTAIREACHT CHUN NA

DÁLA Á CHUR IN IÚL DI GUR

CHRÍOCHNAIGH AN COISTE A BHREITHNIÚ

AR AN MBILLE AGUS NACH RAIBH AON

LEASÚ DÉANTA AIGE AIR.


MESSAGE SENT TO THE DÁIL ACQUAINTING

IT THAT THE COMMITTEE HAD COMPLETED

ITS CONSIDERATION OF THE BILL AND HAD

MADE NO AMENDMENT THERETO.

6. ATHLÁ.

Chuaigh an Coiste ar athló ar 1.50 p.m.

sine die.

6. ADJOURNMENT.

The Committee adjourned at 1.50 p.m.

sine die.

144



__________________

Déardaoin,15 Bealtaine, 2014

Thursday,15 May, 2014

__________________



An Teachta Damien Inglis (i gCeannas),


Post, Fiontar agus Nuálaíochta), na


Choileáin, Micheál Ó Connacháin, Seán Ó


Laighin agus Peadar Tóibín

1. The Committee met at 12.10 .p.m.

2. MEMBERS PRESENT.


Deputy Richard Bruton (Minister for Jobs,


Calleary, Áine Collins, Michael

Conaghan, Seán Kyne, Anthony Lawlor,

John Lyons and Peadar Tóibín.

3. AN BILLE UM IOMAÍOCHT AGUS

COSAINT TOMHALTÓIRÍ 2014


bhreithniú.

3. COMPETITION AND CONSUMER

PROTECTION BILL 2014.


consideration.

(i) Aontaíodh alt 1. (i) Section 1 agreed to.

(ii) Alt 2.



(ii) Section 2.


Enterprise and Innovation)):

1. In page 8, line 6, to delete “section 33” and substitute “section 34”.





(iii) Alt 3. (iii) Section 3.


Giolla Laoire):


Calleary):


“(3) The Minister shall make provision under this section whereby it

shall not be a breach of this Act (or any statutory instrument relating to

competition law), for the State to negotiate fees in relation to

professional contracts for services from members of professional

bodies, and a list of such services and bodies shall be set out by the

145

Minister under this section.”.


leasú”: rinne an Coiste vótáil: Tá, 2; Níl,

7.


made” - put: the Committee divided: For,

2 ; Against, 7.

Tá:- Na Teachtaí Dara Mac Giolla Laoire,

Peadar Tóibín.

For:- Deputies Dara Calleary, Peadar

Tóibín.

Níl:- Na Teachtaí Risteárd de Briotún,

Áine Ní Choileáin, Micheál Ó

Connacháin, Damien Inglis, Seán Ó


Laighin.

Against:- Deputies Richard Bruton, Áine

Collins, Michael Conaghan, Damien

English, Seán Kyne, Anthony Lawlor

John Lyons.

Faisnéiseadh dá réir sin go rabhthas tar éis

diúltú don Cheist.

The Question was declared negatived

accordingly.

Aontaíodh alt 3.

Section 3 agreed to.

(iv) Alt 4.



(iv) Section 4.




“Time limit for institution of summary proceedings

4. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act

1851, summary proceedings for an offence under this Act may be

instituted within 2 years from the date on which the offence was

alleged to have been committed.”.





(v) Alt 5.



(v) Section 5.




“Transitional provisions relating to mergers

5. Where a merger or acquisition was notified under Part 3 of the Act

of 2002 before the commencement of section 5(1)(a) and Parts 3 and

4, then, upon such commencement, the Act of 2002 shall apply to the

merger or acquisition as if the amendments effected by section 5(1)(a)

and Parts 3 and 4 had not been made.”.





(vi) Alt 6. (vi) Section 6.

146


Tóibín):


Tóibín):

5. In page 9, line 28, after “Act” to insert “no later than 3 months

following enactment of this legislation”.




Aontaíodh an t-alt.



Section agreed to.

(vii) Alt 7.


Giolla Laoire):

(vii) Section 7.


Calleary):


“(2) Any resources used by the Commission shall be allocated by

application of a set of priority principles in the public interest.”.




Section agreed to.

(viii) Aontaíodh ailt 8 agus 9. (viii) Sections 8 and 9 agreed to.

(ix) Alt 10.


Giolla Laoire):

(ix) Section 10.


Calleary):

7. In page 15, line 8, after “inability,” to insert “not exceeding 12

months,”.






8. In page 16, line 6, to delete “A member of the Commission” and

substitute “Subject to subsection (13), a member of the Commission”.

Aontaíodh an leasú. Amendment agreed to.






“(13) A member of the Commission who has served 2 terms of office

shall not be eligible for reappointment to the Commission, and any

period during which a person serves as a member of the Commission

by virtue of subsection (1) shall, for the purposes of this subsection, be

deemed not to be a term of office.”.





147

(x) Aontaíodh ailt 11 agus 12. (x) Sections 11 and 12 agreed to.

(xi) Alt 13.


Tóibín):

(xi) Section 13.


Tóibín):


“(9) Vacancies of the Commission membership will be filled within 3

months.”.




Section agreed to.

(xii) Aontaíodh ailt 14 agus 15. (xii) Sections 14 and 15 agreed to.

(xiii) Alt 16.


Giolla Laoire):

(xiii) Section 16.


Calleary):

11. In page 20, to delete lines 26 and 27 and substitute the following:

“(b) on conviction on indictment, to a fine not exceeding €250,000 or

imprisonment for a term not exceeding 5 years or both,

(c) if the contravention concerned continues for one or more days after

the date of its first occurrence, the person referred to in this subsection

is guilty of a separate offence for each day that the contravention

occurs; but in respect of the second or subsequent offence of which he

or she is guilty by reason of that continued contravention, paragraph

(b) shall have effect as if “€25,000” were substituted for “€250,000.”.




Section agreed to.

(xiv) Aontaíodh alt 17. (xiv) Section 17 agreed to.

(xv) Alt 18.


Giolla Laoire):

(xv) Section 18.


Calleary):

12. In page 23, line 1, to delete “give a direction in writing to the

Commission requiring it to comply with” and substitute “request the

Commission to comply with”.




Section agreed to.

(xvi) Aontaíodh ailt 19 go 23, go huile. (xvi) Sections 19 to 23, inclusive, agreed

to.

148

(xvii) Alt 24.


Tóibín):

(xvii) Section 24.


Tóibín):


“Comptroller and Auditor General, give evidence to that Committee.”.




Section agreed to.

(xviii) Aontaíodh ailt 25, 26 agus 27. (xviii) Sections 25, 26 and 27 agreed to.

(xix) Alt 28.


Giolla Laoire):

(xix) Section 28.


Calleary):


“(6) The Minister may, from time to time, request the Commission to

consider guidelines from him or her concerning the preparation of the

Commission’s work programme and the Commission may consider

same.”.




Section agreed to.

(xx) Aontaíodh alt 29. (xx) Section 29 agreed to.

(xxi) Alt 30.


Giolla Laoire):

(xxi) Section 30.


Calleary):


“(2) The Minister shall, within six months of a report being submitted

to him or her by the Commission, outline to each House of the

Oireachtas, the actions the Minister has taken following on from any

recommendations made in such a report.”.




Section agreed to.

(xxii) Aontaíodh ailt 31 go 45, go huile. (xxii) Sections 31 to 45, inclusive, agreed

to.

(xxiii) Alt 46. (xxiii) Section 46.





16. In page 45, line 19, to delete “definition” and substitute

149

“definitions”.






17. In page 45, line 20, to delete “2009;”,” and substitute the

following:

“2009;

‘Council Regulation’ means Council Regulation (EC) No. 139/2004 of

20 January 20041 on the control of concentrations between

undertakings;”,”.






18. In page 45, line 24, to delete “deleting the definition of

“Commission”,” and substitute the following:

“substituting the following definition for the definition of

“Commission”:

“ ‘Commission’ means the Competition and Consumer Protection

Commission;”,”.






19. In page 45, line 26, to delete “and”.






20. In page 45, line 30, to delete “2009;”.” and substitute the

following:

“2009;”,

and

(f) by substituting the following definition for the definition of

“undertaking”:

“ ‘undertaking’ means a person being an individual, a body corporate

or an unincorporated body of persons engaged for gain in the

production, supply or distribution of goods or the provision of a

service and, where the context so admits, shall include an association

of undertakings.”.”.





(xxiv) Aontaíodh alt 47. (xxiv) Section 47 agreed to.

(xxv) Alt nua. (xxv) New section.

150





21. In page 45, after line 33, to insert the following:

“Amendment of section 14A of Act of 2002

48. Section 14A of the Act of 2002 is amended by inserting the

following subsection after

subsection (5):

“(5A) (a) Where, in an action under subsection (1), the competent

authority seeks relief by way of interlocutory injunction, the Court

shall not, save in exceptional circumstances, as a condition of granting

the injunction, require the competent authority to lodge an undertaking

in respect of damages with the Court.

(b) For the avoidance of doubt, where in an action under subsection

(1), the competent authority seeks relief by way of interim injunction,

nothing in paragraph (a) shall be construed as imposing an obligation

on the Court to require a competent authority to lodge an undertaking

in respect of damages as a condition of granting the injunction.”.”.

Cuireadh agus aontaíodh an Cheist:- “Go

gcuirfear an t-alt nua isteach ansin”.

Question:- “That the new section be there

inserted” - put, and agreed to.

(xxvi) Alt nua.



(xxvi) New section.



22. In page 46, before line 1, to insert the following:

“Amendment of section 14B of Act of 2002

49. Section 14B of the Act of 2002 is amended—

(a) in subsection (1), by substituting the following paragraph for

paragraph (a):

“(a) following an investigation referred to in—

(i) paragraph (c) of subsection (1) of section 8 of the Competition and

Consumer Protection Act 2014, by the Commission, or

(ii) section 47A (inserted by section 31 of the Communications

Regulation (Amendment) Act 2007) by the Commission for

Communications Regulation, and”,

and

(b) by deleting subsection (11).”.





(xxvii) Scriosadh alt 48. (xxvii) Section 48 deleted.

(xxviii) Aontaíodh ailt 49 agus 50. (xxviii) Sections 49 and 50 agreed to.

(xxix) Alt 51.



(xxix) Section 51.



151

23. In page 47, lines 26 to 28, to delete from “3A.” in line 26 down to

and including “section 26.”.”in line 28 and substitute the following:

“3A.”.”.





(xxx) Alt 52.

(xxx) Section 52.






“(a) by substituting the following subsections for subsection (1):

“(1) Where—

(a) in relation to a proposed merger or acquisition, in the most recent

financial year—

(i) the aggregate turnover in the State of the undertakings involved is

not less than €50,000,000, and

(ii) the turnover in the State of each of 2 or more of the undertakings

involved is not less than €3,000,000, or

(b) a proposed merger or acquisition falls within a class of merger or

acquisition specified in an order under subsection (5),

each of the undertakings involved in the merger or acquisition shall

notify the Commission in writing, and provide full details, of the

proposal to put the merger or acquisition into effect.

(1A) A notification under subsection (1)—

(a) shall be made before the proposed merger or acquisition is put into

effect, and

(b) may be made after any of the following applicable events occurs:

(i) one of the undertakings involved has publicly announced an

intention to make a public bid or a public bid is made but not yet

accepted;

(ii) the undertakings involved demonstrate to the Commission a good

faith intention to conclude an agreement or a merger or acquisition is

agreed;

(iii) in relation to a scheme of arrangement, a scheme document is

posted to shareholders.”,

(b) in paragraph (c)(i) of subsection (2)—

(i) by substituting “(ii)” for “(iii)”,

(ii) by substituting “references to turnover in the State” for “references

in them to the world-wide turnover and turnover in the State”, and

(iii) by substituting “references to turnover in the State” for

“references, respectively, to the world-wide turnover and turnover in

the State”,

(c) by substituting the following subsection for subsection (3):

“(3) In the case of a proposed merger or acquisition that is not required

to be notified under subsection (1), any of the undertakings involved in

the merger or acquisition may, before putting the merger or acquisition

into effect, notify the Commission in writing, and provide full details,

of the proposal to put the merger or acquisition into effect, and such

notification may be made after any of the applicable events referred to

152

in paragraph (b) of subsection (1A) occurs.”,

(d) in subsection (4), by substituting “the Council Regulation” for

“Council Regulation (EEC) No. 4064/89 on the control of

concentrations between undertakings”,”.






25. In page 47, to delete line 37.






26. In page 48, to delete line 5 and substitute the following:

“subsection.”,

(e) in subsection (13), by substituting “the Council Regulation” for

“Council Regulation (EEC) No. 4064/89 on the control of

concentrations between undertakings”, and

(f) in subsection (14), by substituting “the Council Regulation” for

“Council Regulation No. 4064/89”.”.





(xxxi) Alt 53.



(xxxi) Section53.



27. In page 48, line 20, to delete “unless” and substitute “and unless”.





(xxxii) Alt nua.



(xxxii) New section.




“Amendment of section 20 of Act of 2002

54. Section 20 of the Act of 2002 is amended—

(a) in subsection (2), by inserting “and an officer (where the

undertaking is a body corporate), partner (where the undertaking is a

partnership) or any individual in control (in the case of any other form

of undertaking) shall certify in writing that to the best of his or her

knowledge and belief, the undertaking has complied with a

requirement under this section” after “with it”, and

(b) by inserting the following subsections after subsection (2):

“(2A) If, before the expiration of the period specified in a notice under

153

subsection (2), the undertaking or undertakings concerned request, in

writing, an extension to the specified period, the Commission may,

where it considers it appropriate to do so, extend that period, and an

undertaking to which such an extension is granted shall comply with

the requirement under subsection (2) within the specified period as so

extended.

(2B) The Commission, pursuant to a request from the undertaking or

undertakings concerned, and where it considers it appropriate to do so,

may further extend the period as extended under subsection (2A) or

this subsection.”.”.





(xxxiii) Scriosadh alt 54.

(xxxiii) Section 54 deleted.

(xxxiv) Aontaíodh alt 55. (xxxiv) Section 55 agreed to.

(xxxv) Alt 56.



(xxxv) Section 56.



29. In page 49, line 28, to delete “the requirement” and substitute “the

first requirement”.





(xxxvi) Aontaíodh ailt 57 agus 58. (xxxvi) Sections 57 and 58 agreed to.

(xxxvii) Alt nua.



(xxxvii) New section.





59. Subsection (1) of section 27 of the Act of 2002 is amended by

substituting “(ii)” for “(iii)”.”.





(xxxviii) Aontaíodh ailt 59 go 68, go

huile.

(xxxviii) Sections 59 to 68, inclusive,

agreed to.

(xxxix) Alt 69. (xxxix) Section 69.


Tóibín):


Tóibín):

31. In page 53, line 30, to delete “prevalent” and substitute “present”.

Cuireadh an Cheist:- “Go ndéanfar an Question:- “That the amendment be

154








32. In page 55, lines 35 and 36, to delete “Council Regulation (EC)

No. 139/20041 on the control of concentrations between undertakings”

and substitute “the Council Regulation”.














34. In page 56, line 6, to delete “Council Regulation (EC) No.

139/20042” and substitute “the Council Regulation”.






35. In page 56, lines 9 and 10, to delete “Council Regulation (EC) No.

139/20042, on the control of concentrations between undertakings”







36. In page 56, line 11, to delete “decision” and substitute

“determination”.






37. In page 56, line 19, to delete “the European Commission” and

substitute “that notified the European Commission”.







155

139/20043 on the control of concentrations between undertakings” and

substitute “the Council Regulation”.























139/20046 on the control of concentrations between undertakings” and

substitute “the Council Regulation”.






42. In page 70, line 43, to delete “was” and substitute “were”.






43. In page 73, line 13, to delete “ ‘significant interests’ ” and

substitute “significant interests”.



Tóibín):


Tóibín):

44. In page 73, line 30, after “internet” to insert “and issue a press

statement outlining”.





(xl) Aontaíodh ailt 70 go 75, go huile. (xl) Sections 70 to 75, inclusive, agreed

to.

156

(xli) Alt 76. (xli) Section 76.


Tóibín):


Tóibín):


“(b) garden plants,”.










46. In page 80, line 16, to delete “supply or distribution” and substitute

“supply, distribution or retail”.



Giolla Laoire):


Calleary):

47. In page 80, line 18, to delete “€50 million” and substitute “€10

million”.



7.



2 ; Against, 7.


Peadar Tóibín.


Tóibín.


Áine Ní Choileáin, Micheál Ó



Laighin.

Against:- Deputies Richard Bruton, Áine

Collins, Michael Conaghan, Damien

English, Seán Kyne, Anthony Lawlor,

John Lyons.




accordingly.





48. In page 81, line 13, to delete “who” and substitute “that”.



Tóibín):


Tóibín):


“(a) the importance to and impact on the economic viability and

sustainability of primary producers of decisions made at processing

157

and/or retailing level,”.



Tóibín):


Tóibín):


“(2) All retailers defined as relevant grocery goods undertakings must

disclose their profits in the Irish market.”.



6.



2 ; Against, 6.


Peadar Tóibín.


Tóibín.


Micheál Ó Connacháin, Damien Inglis,

Seán Ó Cadhain, Antóin Ó Leathleabhair,

Seán Ó Laighin.

Against:- Deputies Richard Bruton,

Michael Conaghan, Damien English, Seán

Kyne, Anthony Lawlor, John Lyons.




accordingly.


Giolla Laoire):


Calleary):


“(2) All retailers defined as relevant grocery goods undertakings shall

disclose their profits in the Irish market.”.







Giolla Laoire):


Calleary):


“(2) The Minister, having regard to subsection (1) may, from time to

time, give a direction that a retailer shall not sell grocery goods at a

price that is less than the net invoice price of the goods.”.



6.



2 ; Against, 6.


Peadar Tóibín.


Tóibín.


Micheál Ó Connacháin, Damien Inglis,


Seán Ó Laighin.

Against:- Deputies Richard Bruton,



158




accordingly.


Giolla Laoire):


Calleary):


“(2) Subject to a grocery goods undertaking choosing to enter into a

contract, relevant grocery goods undertakings shall have a contract

with a grocery goods undertaking for the sale or supply of grocery

goods.”.



Tóibín):


Tóibín):


“(a) subject to a grocery goods undertaking choosing to enter into a

contract, relevant grocery goods undertaking shall have a contract with

a grocery goods undertaking for the sale or supply of grocery goods,”.



Giolla Laoire):


Calleary):

55. In page 81, between lines 39 and 40, to insert the following: “(a)

specify that payments for grocery goods supplied to relevant grocery

goods undertakings to be made within 30 days,”.










56. In page 81, line 41, to delete “to a” and substitute “to, or the

purchase or receipt of goods from, a”.






57. In page 82, line 2, to delete “circumstances” and substitute “ways”.



Giolla Laoire):


Calleary):


“(c) specify Retention of Title for goods delivered until such time full

payment is received,”.

159






60. In page 82, line 33, to delete “supplier” and substitute “supplier or

retailer”.



Tóibín):


Tóibín):


“(i) to secure and retain shelf-space, to get better positioning, or to get

an increase in the allocation of shelf-space, for the grocery goods of

that supplier, or”.



Tóibín):


Tóibín):


“(iii) in respect of requiring a supplier to obtain any goods or services

from a third party from whom the relevant grocery goods undertaking

receives payment for this arrangement,”.



Tóibín):


Tóibín):


“(iii) directly related to the value or volume of goods traded,”.







“(3) Subject to this section, when making regulations under this

section, the Minister may prescribe one or more classes (whether

retailers, suppliers or wholesalers) of relevant grocery goods

undertakings or grocery goods undertakings to which one or more of

the regulations shall apply.”.



Tóibín):


Tóibín):


“(3) The Minister may specify the Retention of Title for goods

delivered until such time as full payment is received.”.


160


Tóibín):


Tóibín):


“(3) The Minister may give a direction that a retailer shall not

sell grocery goods at a price that is less than the net invoice

price of the goods.”.






67. In page 84, line 17, to delete “(3) Regulations” and substitute “(4)

Regulations”.






68. In page 84, line 20, to delete “(4) The” and substitute “(5) The”.






69. In page 84, to delete line 25 and substitute the following:

“(6) Guidelines issued under subsection (5) shall—”.



Tóibín):


Tóibín):

71. In page 85, to delete lines 7 to 9.







Tóibín):


Tóibín):


“(7) The Commission must provide for anonymity and confidentiality

of a complainant who reports a breach of the Regulations, and a

complainant who waives anonymity must be protected from

discrimination, disadvantage or unfair treatment as a result of the

complaint subject to natural justice being afforded to the accused.”.








161

(xlii) Aontaíodh ailt 77 agus 78. (xlii) Sections 77 and 78 agreed to.

(xliii) Ailt nua.



(xliii) New sections.




“Amendment of Central Bank Act 1942

79. The Central Bank Act 1942 is amended—

(a) in section 2, by deleting the definition of “Agency”,

(b) in section 5A, (amended by section 14 of the Central Bank Reform

Act 2010)—

(i) by substituting “the Competition and Consumer Protection

Commission” for “the Agency” in each place where it occurs,

(ii) by substituting the following subsection for subsection (5):

“(5) The functions of the Competition and Consumer Protection

Commission referred to in subsection (4) are the following functions,

namely, functions under—

(a) subsections (1), (5), (6) and (8) of section 8 of the Competition and

Consumer Protection Act 2014 in relation to—

(i) sections 41 to 56 (other than section 50) of the Consumer Protection

Act 2007, and

(ii) the European Communities (Unfair Terms in Consumer Contracts)

Regulations 1995 and 2000,

(b) sections 33, 34 and 35 of the Competition and Consumer

Protection Act 2014, and

(c) sections 71, 72, 73, 75, 81, 82, 84, 86, 88 and 90 of the Consumer

Protection Act 2007.”,

(iii) in subsection (6), by inserting “and the Competition and Consumer

Protection Act 2014” after “Consumer Protection Act 2007”,

(iv) in subsection (7)(a), by substituting “under section 17 of the

Competition and Consumer Protection Act 2014” for “under section 21

of the Consumer Protection Act 2007”,

(v) in subsection (8), by substituting “sections 80 and 85 of the

Consumer Protection Act 2007 and section 31 of the Competition and

Consumer Protection Act 2014” for “sections 80, 85 and 87 of the

Consumer Protection Act 2007”,

(vi) in subsection (9), by inserting “or the Competition and Consumer

Protection Act 2014” after “Consumer Protection Act 2007” and by

substituting “under section 17 of the Competition and Consumer

Protection Act 2014” for “under section 21 of that Act”,

(c) in section 5C (inserted by section 14 of the Central Bank Reform

Act 2010), by substituting the following subsection for subsection (3):

“(3) Subject to section 33AK, if the Competition and Consumer

Protection Commission is of the opinion that information obtained by

the Bank pursuant to subsections (1) and (2) is relevant to the exercise

of that Commission’s functions under section 8(3)(j) of the Compition

and Consumer Protection Act 2014, the Bank shall provide the

requested information to the Commission at the Commission’s

request.”,

(d) in section 33AK—

162

(i) in subsection (3)(a), by deleting paragraph (iva), and

(ii) in subsection (5), by substituting the following paragraph for

paragraph (al):

“(al) to the Competition and Consumer Protection Commission, if the

confidential information is required for the performance of the

Commission’s functions, or”,

(e) in section 61E, by deleting paragraph (d) of subsection (1),

(f) in section 61H, by substituting the following paragraph for

paragraph (c) of subsection (4):

“(c) the Competition and Consumer Protection Commission;”,

and

(g) in Part 1 of Schedule 2, by inserting the following item after item

42:

“ 43 No. ___ of

2014

Competition and Consumer

Protection Act 2014

Parts 1 and 2

(other than

section 36)



”.”








“Amendment of Personal Injuries Assessment Board Act 2003

80. Section 56 of the Personal Injuries Assessment Board Act 2003 is

amended by substituting the following subsection for subsection (6):

“(6) The chief executive, and a person nominated for such appointment

by the chairperson of the Competition and Consumer Protection

Commission, shall each be a member of the Board.”.”.





(xliv) Aontaíodh ailt 79, 80 agus 81. (xliv) Sections 79, 80 and 81 agreed to.

(xlv) Aontaíodh Sceideal 1. (xlv)Schedule 1 agreed to.

(xlvi) An Teideal.



(xlvi) Title.



75. In page 7, line 9, after “2002,” to insert “the Central Bank Act

1942, the Personal Injuries Assessment Board Act 2003,”


Aontaíodh an Teideal, mar a leasaíodh.


Title, as amended, agreed to.


Chríochnaigh an Coiste a bhreithniú ar

an mBille ar 3.35p.m.



consideration of the Bill at 3.35p.m.

163


ÉIREANN.




leasuithe déanta aige air agus go raibh

leasú déanta aige ar an Teideal chun go

léifidh sé mar a leanas:





amendments thereto and had amended the

Title to read as follows:

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY

TO BE KNOWN IN THE IRISH LANGUAGE AS AN COIMISIÚN

UM IOMAÍOCHT AGUS COSAINT TOMHALTÓIRÍ OR IN THE

ENGLISH LANGUAGE THE COMPETITION AND CNOSUMER

PROTECTION COMMISSION, TO PROVIDE FOR THE

DISSOLUTION OF THE COMPETITION AUTHORITY AND THE

NATIONAL CONSUMER AGENCY, TO AMEND THE LAW

RELATING TO MEDIA MERGERS AND FOR THAT AND

OTHER PURPOSES TO AMEND THE COMPETITION ACT 2002,

THE CENTRAL BANK ACT 942, THE PERSONAL INJURIES

ASSESSMENT BOARD ACT 2003, THE CONSUMER

PROTECTION ACT 2007, THE CRIMINAL JUSTICE ACT 2011

AND THE COMMUNICATIONS (RETENTION OF DATA) ACT

2011, AND TO PROVIDE FOR RELATED MATTERS.

6. ATHLÁ.


sine die.

6. ADJOURNMENT.


sine die.

164



__________________

Déardaoin, 26 Meitheamh 2014

Thursday, 26 June 2014

_________________

1. Chruinnigh an Coiste ar 10.05 a.m.

2. COMHALTAÍ I LÁTHAIR1

An Teachta Damien Inglis (i

gCeannas), An Teachta Seán Ó Searlóg

(Aire Stáit ag an Roinn Post, Fiontar

agus Nuálaíochta), na Teachtaí Dara

Mac Giolla Laoire, Micheál Ó

Connacháin, Seán Ó Cadhain, Antóin

Ó Leathleabhair, Seán Ó Laighin agus

Peadar Tóibín.

1. The Committee met at 10.05 a.m.

2. MEMBERS PRESENT2


Deputy Seán Sherlock (Minister of State

at the Department of Jobs, Enterprise and

Innovation), Deputies Dara Calleary,

Michael Conaghan, Seán Kyne, Anthony

Lawlor, John Lyons and Peadar Tóibín.

3. AN BILLE UM CHEADANNA

FOSTAÍOCHTA (LEASÚ), 2014.


bhreithniú.

3. EMPLOYMENT PERMITS

(AMENDMENT) BILL 2014.


consideration.

(i) Alt 1.

Tairgeadh leasú (An Teachta Seán Ó

Searlóg, Aire Stáit ag an Roinn Post,

Fiontar agus Nuálaíochta):

(i) Section 1.

Amendment proposed (Deputy Seán

Sherlock, Minister of State at the


Innovation):

1. In page 5, lines 20 and 21, to delete “Minister for Jobs, Enterprise

and Innovation” and substitute “Minister”.


Aontaíodh, an t-alt, mar a leasaíodh.



(ii) Alt 2. (ii) Section 2.

1 Ghlac an Teachta Seán Ó Searlóg (Aire Stáit ag an Roinn Post, Fiontar agus Nuálaíochta) ionad an Aire

Post, Fiontar agus Nuálaíochta [B.O. 92(1)]. 2 Deputy Seán Sherlock (Minister of State at the Department of Jobs, Enterprise and Innovation) substituted

for the Minister for Jobs, Enterprise and Innovation [S.O. 92(1)].

165







Innovation):

2. In page 5, line 27, to delete “2006.” And substitute “2006;”.








Innovation):


“Minister means the Minister for Jobs, Enterprise and Innovation.”





(iii) Alt nua.




(iii) New section.




Innovation):




(a) in subsection (1A), by inserting the following paragraph after

paragraph (a):

“(aa) the foreign national being employed outside the State by a

foreign employer and being required by the foreign employer to carry

out duties for, or participate in a training programme provided by, a

person in the State who is connected to the foreign employer,”,

(b) by inserting the following subsection after subsection (2B):

“(2C) A person shall not permit a foreign national who is employed

outside the State by a foreign employer to carry out duties for, or

participate in a training programme provided by, that person where that

person is connected to the foreign employer, except in accordance with

an employment permit granted by the Minister under section 8 of the

Employment Permits Act 2006 that is in force.”,

(c) in subsection (3)—

166

(i) by substituting “, (2) or (2C)” for “or (2)”, and

(ii) in paragraph (b), by substituting “(2) or (2C)” for “(2)”,

(d) by inserting the following subsection after subsection (3):

“(3A) It shall be a defence for a person charged with an offence under

subsection (3) consisting of a contravention of subsection (1) to show

that he or she took all such steps as were reasonably open to him or her

to ensure compliance with subsection (1).”,

(e) in subsection (4), by substituting “subsection (2) or (2C)” for

“subsection (2)”,

(f) by inserting the following subsections after subsection (10A):

“(10B) Without prejudice to any other provision of this Act, this

section does not apply to—

(a) a foreign national who is in the State pursuant to the Diplomatic

Relations and Immunities Act 1967, and

(b) the Minister for Foreign Affairs and Trade has certified in writing

that the foreign national referred to in paragraph (a) falls within a

reciprocal arrangement that permits a foreign national who is a

member of the family of an assigned person, forming part of his or her

household, to be in employment in the State.

(10C) A foreign national referred to in subsection (10B) shall be

entitled to be in employment in the State without an employment

permit for the duration of the assignment to official duties in the State

of the assigned person concerned.

(10D) In subsections (10B) and (10C)—

‘assigned person’ means a person who is assigned, by a government of

another state, to carry out official duty in the State on behalf of the

government of that other state;

‘reciprocal arrangement’ means an arrangement (whether in the form

of a memorandum of understanding or otherwise) that is entered into

by the Government with another state.”,

and

(g) by substituting the following subsection for subsection (15):

“(15) In this section—

‘connected’ has the meaning assigned to it by the Act of 2006;

167

‘foreign employer’ has the meaning assigned to it by the Act of 2006;

‘place’ includes any dwelling or any building or part of a building.”.”.





(iv) Scriosadh alt 3. (iv) Section 3 deleted.

(v) Alt 4.




(v) Section 4.




Innovation):

5. In page 6, line 11 to delete “following section” and substitute

“following sections”.








Innovation):

6. In page 6, line 26, after “employment” where it firstly occurs to

insert “or service”.



Tóibín):


Tóibín):

7. In page 7, line 1, to delete “section 2(1A)(b).” and substitute the

following:

“section 2(1A)(b), or the employer has been found to have engaged in

exploitative work practices which the foreign national was subjected

to.”.







Tóibín):


Tóibín):


“(iii) an amount equal to that paid to regularised employees engaged

in the same work in the same employment, or”.

168












Innovation):


“(6) Proceedings under this section shall not be brought after the

expiration of 2 years from the day on which the foreign national

ceased his or her employment or service with the employer, a person

referred to in section 2(1A)(a) or contractor referred to in section

2(1A)(b).

(7) Proceedings under this section shall not be brought in respect of

any work, or services, done or rendered more than 6 years prior to

the day on which the proceedings are instituted.

(8) Subsection (7) shall apply to proceedings under this section

whether the work was done or the services were rendered before or

on or after the coming into operation of section 4 of the Employment

Permits (Amendment) Act 2014.

(9) Without prejudice to subsection (6), proceedings under this

section shall not be brought where—

(a) the foreign national, in respect of any right of action he or she

may have and whether such right of action arises pursuant to any

enactment or otherwise, has—

(i) instituted proceedings in relation to the same, or substantially

the same, work done or services rendered as referred to in this

section, or

(ii) otherwise commenced an action or other claim in relation to the

same, or substantially the same, work done or services renderedas

referred to in this section,

and

(b) those proceedings have, or that action or claim has, not been

finally determined.

(10) In proceedings instituted by the Minister under this section the

court shall not award costs in favour of the foreign national but may

award costs in favour of the Minister.”.


169







Innovation):

10. In page 7, line 28, to delete “(6) The amount” and substitute

“(11) The amount”.








Innovation):

11. In page 7, line 32, to delete “(7) In proceedings” and substitute

“(12) In proceedings”.








Innovation):

12. In page 7, line 37, to delete “(8) Subsection (5)” and substitute

“(13) Subsection (5)”.








Innovation):

13. In page 7, to delete line 39 and substitute “behalf.”.








Innovation):



‘Act of 2006’ means the Employment Permits Act 2006;

‘national minimum hourly rate of pay’ has the meaning assigned to

it by the Act of 2006.

170

Section 2B: supplemental provisions

2C. (1) The District Court has jurisdiction to hear and determine

proceedings under section 2B where the amount claimed in the

proceedings does not exceed €15,000.

(2) The jurisdiction of the District Court under this section shall be

exercised by the judge of the District Court for the time being

assigned to the district court district in which the person against

whom the proceedings are brought resides or carries on business.

(3) The Circuit Court has jurisdiction to hear and determine

proceedings under section 2B where the amount claimed in the

proceedings does not exceed €75,000.

(4) The jurisdiction of the Circuit Court shall be exercised by the

judge of the Circuit Court for the time being assigned to the circuit

in which the person against whom the proceedings are brought

resides or carries on business.”.”.



Tóibín):


Tóibín):


“(9) A foreign national who has engaged in civil proceedings as

referred to in this section may apply to the court for interim relief.”.



6.



2 ; Against, 6.


Peadar Tóibín.


Tóibín.

Níl:- An Teachta Seán Ó Searlóg, Aire

Stáit ag an Roinn Post, Fiontar agus

Nuálaíochta, Na Teachtaí Micheál Ó



Laighin.

Against:- Deputy Seán Sherlock, Minister

of State at the Department of Jobs,

Enterprise and Innovation, Deputies






accordingly.

Aontaíodh, an t-alt, mar a leasaíodh.


(vi) Alt 5.


(vi) Section 5.


171





Innovation):


“ ‘civil partnership registration’ has the meaning assigned to it by

the Act of 2010;

‘connected’, in relation to the connection between a connected

person and a foreign employer, means—

(a) the connected person is a subsidiary of the foreign employer,

(b) the foreign employer is a subsidiary of the connected person,

(c) the connected person and the foreign employer are both

subsidiaries of a holding company that carries on business in the

State or outside the State, or

(d) the connected person and the foreign employer have entered

into an agreement with another person whereby each of them agree

to carry on business or provide services with each other in more

than one state and to carry on business or provide services in the

manner provided for in the agreement;”.








Innovation):

17. In page 8, to delete lines 14 to 25 and substitute the

following:

“who is connected to a foreign employer;”.








Innovation):


“ ‘date of dismissal’, in relation to a foreign national who is dismissed

by reason of redundancy, has the meaning assigned to it by section 2 of

the Act of 1967;”.

172








Innovation):


“ ‘dismissed by reason of redundancy’ means—

(a) the dismissal by an employer from employment within the meaning

of section 9 of the Act of 1967, and

(b) the dismissal is—

(i) attributable wholly or mainly to the condition specified in paragraph

(a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967, or

(ii) a dismissal referred to in section 21 of the Act of 1967;”.








Innovation):

20. In page 9, lines 14 to 17, to delete all words from and including

“who” in line 14 down to and including “State” in line 17.








Innovation):


“ ‘health insurance’ means insurance providing for the costs and

charges of medical treatment;

‘health insurer’ means a person entered in the Register of Health

Benefits Undertakings referred to in section 14 of the Health Insurance

Act 1994;

‘holding company’ has the meaning assigned to it by section 155 of the

Companies Act 1963;

‘medical treatment’ includes medical services or medical care;”.

173








Innovation):

22. In page 9, line 41, to delete “permission.”,” and substitute

“permission;”.








Innovation):


“ ‘subsidiary’ has the meaning assigned to it by section 155 of the

Companies Act 1963.”.








Innovation):


“(e) by substituting the following definition for the definition of

“remuneration”:

“ ‘remuneration’ shall be construed in accordance with section

1A;”,

(f) by deleting the definition of “employment regulation order”, and

(g) by deleting the definition of “registered employment agreement”.”





(vii) Alt nua.




(vii) New section.




Innovation):

174


“Insertion into Act of 2006 of new section 1A

6. The Act of 2006 is amended by inserting the following section after

section 1:

“Definition of ‘remuneration’

1A. (1) In this Act ‘remuneration’ means—

(a) subject to paragraph (b), the total amount of—

(i) the salary that is paid to the foreign national, the hourly rate of

which shall not be less than the national minimum hourly rate of

pay or, where appropriate to the employment in respect of which

the application is made, the hourly rate referred to in section

12(6)(b), and

(ii) a payment for health insurance in respect of a foreign national

should he or she require medical treatment for illness or injury

during the period for which the employment permit is in force

and which is made to a health insurer by the person who made

the offer of employment,

or

(b) in respect of an employment permit granted for the purposes

referred to in section 3A(2)(d) and 3A(2)(e), the total amount of—

(i) the salary that is paid to the foreign national, the hourly rate of

which shall be not less than the national minimum hourly rate of

pay or, where appropriate to the employment in respect of which

the application is made, the hourly rate referred to in section

12(6)(b),

(ii) a payment for board and accommodation, or either of them, or

the monetary value of board and accommodation directly

provided by the connected person, foreign employer or

contractor, and

(iii) a payment for health insurance in respect of a foreign national

should he or she require medical treatment for illness or injury

during the period for which the employment permit is in force

and which is made by the foreign employer or the connected

person or both of them or by the contractor to—

(I) a health insurer, or

(II) a person outside the State who provides insurance for

medical treatment in respect of the foreign national that has

the same, or similar, effect as the health insurance provided

by a health insurer.

(2) In this Act—

175

(a) references to remuneration in relation to an application for the

grant of an employment permit and the consideration of such

application by the Minister shall be construed as the remuneration,

specified in that application, that is proposed to be paid by—

(i) the person who has made the offer of employment in respect of

which the application is made,

(ii) in the case of an employment permit for the purpose referred to

in section 3A(2)(d), the foreign employer, in accordance with

section 3D and the payments in respect of the remuneration to

be paid, in accordance with section 3D, by the connected

person, or

(iii) in the case of an employment permit for the purpose referred to in

section 3A(2)(e), the contractor in accordance with section

3E,

and

(b) references to remuneration after a permit has been granted shall be

construed as the remuneration paid to the holder of the permit by an

employer, a foreign employer in accordance with section 3D, a connected

person in accordance with section 3D, or a contractor in accordance with

section 3E, during the period for which the employment permit has been

granted in respect of the employment for which the employment permit was

granted.”.”.





(viii) Alt 6.




(viii) Section 6.




Innovation):

26. In page 10, line 32, to delete “for which a high level of

remuneration is paid” and substitute “that are in critical short supply in

the State,”.



Tóibín):

Amendment proposed (Deputy

Peadar Tóibín):

27. In page 11, line 5, to delete “or civil partner,” and substitute the

following:

176

“, civil partner, or the former spouse or civil partner where a separation

has occurred during the period of employment in the state”.

Tarraingíodh siar an leasú, faoi

chead.



Tóibín):

Amendment proposed (Deputy

Peadar Tóibín):

28. In page 11, line 5, to delete “referred to in section 3C(2)” and

substitute “in respect of the purpose referred to in paragraph (a)”.

Tarraingíodh siar an leasú, faoi

chead.








Innovation):

29. In page 11, lines 28 and 29, to delete “in employments that”.








Innovation):

30. In page 11, line 30, to delete “are” and substitute “in employments

that are”.








Innovation):

31. In page 11, line 33, to delete “require” and substitute “in

employments that require”.



Tóibín):


Tóibín ):


“(v) who has entered into civil proceedings as referred in section 2B

of the Act of 2003;”.

177






4. AN CRUINNIÚ AR FIONRAÍ.

4. MEETING SUSPENDED.

Ordaíodh: An Cruinniú a chur ar fionraí

anois go dtí 12.15 p.m. (An Teachta

Damien Inglis).

Cuireadh an Cruinniú ar fionraí dá réir sin

ar 11.30 a.m.

Ordered: That the Meeting be now

suspended until 12.15 p.m. (Deputy

Damien English).

The Meeting was accordingly suspended

at 11.30 a.m.

_______________

Ar 12.15 p.m. athchromadh ar an

gCruinniú.

The Meeting was resumed at 12.15 p.m.


FOSTAÍOCHTA 2014.

5. EMPLOYMENT PERMITS BILL

2014.

D’athchrom an Coiste ar an mBille a

bhreithniú.

The Committee resumed consideration of

the Bill.

(i) Alt 6. (i) Section 6.







Innovation):

33. In page 12, to delete line 24








Innovation):


“(ii) pursuing a course of study that is wholly or substantially

concerned with the qualifications or skills referred to in section

15(1)(c) and the Minister is satisfied, having regard to section 15(1)(d),

there is a shortage of those skills or qualifications, and

(iii) required, for the completion of that course of study, to obtain

experience in the practice of those skills or qualifications with which

the course of study is concerned for a period of not more than 12

months in an employment that requires the practice of those skills or

qualifications,”.

178








Innovation):

35. In page 12, lines 28 and 29, to delete all words from and including

“and” where it firstly occurs in line 28 down to and including

“concerned” in line 29.








Innovation):

36. In page 12, line 30, to delete “internship programme” and

substitute “period of 12 months”.








Innovation):


“Supplemental provisions relating to the grant of employment permit

for purpose referred to in section 3A(2)(d)

3D. (1) Where a foreign employer requires a foreign national

employed by him or her outside the State to carry out duties for, or

participate in a training programme provided by, a connected person

without prejudice to any other requirement under this Act or to the

employment outside the State of the foreign national—

(a) notwithstanding that the remuneration, in so far as it relates to

salary is to be paid by the foreign employer, it shall be a condition of

the grant of the employment permit for the purpose referred to in

section 3A(2)(d) that, in respect of the remuneration, in so far as it

relates to the salary to be paid to the foreign national by the foreign

employer for the period for which the employment permit is granted,

the hourly rate of that salary shall be not less than the national

minimum hourly rate of pay or, where appropriate to the employment

in respect of which the application is made, the hourly rate referred to

in section 12(6)(b),

(b) in respect of the payment of the remuneration to the foreign

national in so far as it relates to—

179

(i) board and accommodation, or either of them, the payment may be

made by the foreign employer and the connected person or by either of

them, and

(ii) health insurance, the payment may be made by the foreign

employer and the connected person or by either of them,

and

(c) it shall be a condition of the grant of the permit that the statement

of earnings provided by the foreign employer to the foreign national

during the period for which the employment permit is in force shall, in

addition to the information on the gross amount of the remuneration

and the deductions made from it, specify—

(i) the amount of the additional payment referred to in subsection

(4)(b),

(ii) the total amount referred to in subsection (4)(c), and

(iii) the amount of the deductions referred to in subsection (4)(d).

(2) Where—

(a) in respect of the remuneration, in so far as it relates to the salary, to

be paid to a foreign national in respect of whom an application for the

grant of an employment permit for the purpose referred to in section

3A(2)(d) is made, and

(b) the condition referred to in subsection (1)(a),

the hourly rate of the salary paid outside the State by the foreign

employer to the foreign national is less than the national minimum

hourly rate of pay, the foreign employer shall, in respect of that

condition, make an additional payment to the foreign national for the

period for which the employment permit is in force so that the hourly

rate of the salary to be paid by the foreign employer to the foreign

national during the period for which the employment permit is in force

is not less than the national minimum hourly rate of pay.

(3) Where, in respect of the remuneration, in so far as it relates to the

salary, to be paid to a foreign national in respect of whom an

application for the grant of an employment permit for the purpose

referred to in section 3A(2)(d) is made and the condition referred to in

subsection (1)(a)—

(a) the appropriate hourly rate of pay for the employment in respect of

which the application is made is the hourly rate referred to in section

12(6)(b), and

(b) the hourly rate of the salary paid outside the State by the foreign

employer to the foreign national is less than that hourly rate of pay,

180

the foreign employer shall, in respect of that condition, make an

additional payment to the foreign national for the period for which the

employment permit is in force so that the hourly rate of the salary to be

paid by the foreign employer to the foreign national during the period

for which the employment permit is in force is not less than the hourly

rate referred to in section 12(6)(b).

(4) Without prejudice to section 6, the connected person shall, when

making an application pursuant to section 4(2)(b), provide, in addition

to the information required under section 6(e), information and

documents, including any information and documents as may be

specified in regulations under section 29, in respect of—

(a) the amount of the salary that is paid, on the day the application is

made, by the foreign employer to the foreign national in respect of

whom the application is made, in such form as may be specified in

regulations under section 29,

(b) where, having regard to the amount of salary referred to in

paragraph (a) and the number of hours worked by the foreign

national, the hourly rate of that amount of salary is less than—

(i) the national minimum hourly rate of pay and an additional

payment referred to in subsection (2) is to be made, or

(ii) where appropriate, an hourly rate referred to in subsection (3),

and an additional payment referred to in subsection (3) is to be

made,

the amount of the additional payment to be made by the foreign

employer to the foreign national for the period for which the

employment permit is in force, in such form as may be specified in


(c) the total amount of the amounts referred to in paragraphs (a) and

(b) in such form as may be prescribed,

(d) all deductions to be made by the foreign employer to—

(i) the amount referred to in paragraph (a), and

(ii) where an additional payment referred to in paragraph (b) is

required to be made, the amount of that additional payment, referred to

in paragraph (b),

(e) in respect of the total amount referred to in paragraph (c), the

amount to be paid to the foreign national during the period for

which the employment permit is in force after the deductions referred

to in paragraph (d) have been made, in such form as may be specified

in regulations under section 29,

181

(f) the payment of board and accommodation, or either of them, and

where either or both are provided directly by the connected person or

the foreign employer, or both of them, the monetary value of the board

and accommodation, or, as the case may be, either of them, and

(g) the arrangements for making the additional payment referred to in

paragraph (b)(i) or (b)(ii).

(5) A foreign national referred to in section 3A(2)(d) shall be

employed by the foreign employer concerned for a period that is not

less than the minimum period of employment specified in regulations

made under section 14 before an application for an employment permit

may be made in respect of him or her.

(6) In this section ‘statement of earnings’ means the statement of the

remuneration paid by a foreign employer to a foreign national—

(a) that is provided to the foreign national by the foreign employer to

demonstrate that the foreign employer has paid the foreign national

his or her remuneration, and

(b) that accompanies the periodic payment of that remuneration and

specifies in writing the gross amount of the remuneration paid and

any deductions made from that gross amount.”.









Innovation):


“Supplemental provisions relating to the grant of employment permit

for purpose referred to in section 3A(2)(e)

3E. (1) Where, pursuant to the employment outside the State by a

contractor of a foreign national, the contractor requires the foreign

national to carry out duties in the State that arise out of a contract

service agreement without prejudice to any other requirement under

this Act or to the employment outside the State of the foreign

national—

(a) notwithstanding that the remuneration in so far as it relates to

salary, is paid to the foreign national outside the State, it shall be a

condition of the grant of the employment permit for the purpose

referred to in section 3A(2)(e) that, in respect of the remuneration, in

so far as it relates to the salary to be paid to the foreign national by the

contractor for the period for which the employment permit is granted,

the hourly rate of that salary shall be not less than the national

minimum hourly rate of pay or, where appropriate to the employment

182

in respect of which the application is made, the hourly rate referred to

in section 12(6)(b), and

(b) it shall be a condition of the grant of the permit that the statement

of earnings, within the meaning of section 3D, provided by the

contractor to the foreign national during the period for which the

employment permit is in force shall, in addition to the information on

the gross amount of the remuneration and the deductions made from it,

specify—

(i) the amount of the additional payment referred to in subsection

(4)(b),

(ii) the total amount referred to in subsection (4)(c), and

(iii) the amount of the deductions referred to in subsection (4)(d).

(2) Where—

(a) in respect of the remuneration, in so far as it relates to the salary, to

be paid to a foreign national in respect of whom an application for the

grant of an employment permit for the purpose referred to in section

3A(2)(e) is made, and

(b) the condition referred to in subsection (1)(a),

the hourly rate of the salary paid outside the State by the contractor to

the foreign national is less than the national minimum hourly rate of

pay, the contractor shall, in respect of that condition, make an

additional payment to the foreign national for the period for which the


paid by the contractor to the foreign national during the period for

which the employment permit is in force is not less than the national

minimum hourly rate of pay.

(3) Where, in respect of the remuneration, in so far as it relates to the

salary, to be paid to a foreign national in respect of whom an

application for the grant of an employment permit for the purpose

referred to in section 3A(2)(e) is made and the condition referred to in

subsection (1)(a)—

(a) the appropriate hourly rate of pay for the employment in respect of

which the application is made is the hourly rate referred to in

section 12(6)(b), and

(b) the hourly rate of the salary paid outside the State by the contractor

to the foreign national is less than that hourly rate of pay,

the contractor shall, in respect of that condition, make an additional

payment to the foreign national for the period for which the


paid by the contractor to the foreign national during the period for

183

which the employment permit is in force is not less than the hourly rate

referred to in section 12(6)(b).

(4) Without prejudice to section 6, the contractor shall, when making

an application pursuant to section 4(2)(a), provide, in addition to the

information required under section 6(e), information and documents,

including any information and documents as may be specified in

regulations under section 29, in respect of—

(a) the amount of the salary that is paid, on the day the application is

made, by the contractor to the foreign national in respect of whom the

application is made, in such form as may be specified in regulations

under section 29,

(b) where, having regard to the amount of salary referred to in

paragraph (a) and the number of hours worked by the foreign national,

the hourly rate of that amount of salary is less than—

(i) the national minimum hourly rate of pay and an additional payment

referred to in subsection (2) is to be made, or

(ii) where appropriate, the hourly rate referred to in subsection (3), and

an additional payment referred to in subsection (3) is to be made,

the amount of the additional payment to be made by the contractor to

the foreign national for the period for which the employment permit is

in force, in such form as may be specified in regulations under section

29,

(c) the total amount of the amounts referred to in paragraphs (a) and

(b) in such form as may be prescribed,

(d) all deductions to be made by the contractor to—

(i) the amount referred to in paragraph (a), and

(ii) where an additional payment referred to in paragraph (b) is

required to be made, the amount of that additional payment, referred to

in paragraph (b),

(e) in respect of the total amount referred to in paragraph (c), the

amount to be paid to the foreign national during the period for which

the employment permit is in force after the deductions referred to in

paragraph (d) have been made in such form as may be specified in


(f) the payment of board and accommodation, or either of them, and

where either or both are provided directly by the contractor, the

monetary value of the board and accommodation, or as the case may

be, either of them, and

(g) the arrangements for making the additional payment referred to in

184

paragraph (b)(i) or (b)(ii).

(5) A foreign national referred to in section 3A(2)(e) shall be employed

by the contractor concerned for a period that is not less than the

minimum period of employment specified in regulations made under

section 14 before an application for an employment permit may be

made in respect of him or her.”.





(ii) Alt 7.




(ii) Section 7.




Innovation):

39. In page 15, line 32, to delete “subsection” and substitute

“subsections”.









Innovation):


“ “(5) An application shall not be made for the grant of an employment

permit in respect of an employment where, in the 6 months preceding

the day on which the application is made—

(a) a person was employed in the employment that is the subject of the

application, and

(b) that person was dismissed by reason of redundancy from that

employment within that period of 6 months.”.








Innovation):

41. In page 15, to delete line 34 and substitute “(6) Where—”.



185

Aontaíodh an t-alt, mar a leasaíodh. Section, as amended, agreed to.

(iii) Alt 8.




(iii) Section 8.




Innovation):

42. In page 17, line 14, to delete “or documents” and substitute “,

documents and evidence to verify such information and documents”.








Innovation):









Innovation):

44. In page 17, line 22, to delete “section 4(3).”.” and substitute

“section 4(3), and”.








Innovation):


“(i) provide the Minister with information, documents and evidence, as

to whether, in respect of section 4(5)—

(i) a person was, in the period referred to in section 4(5), employed in

the employment that is the subject of the application, and

(ii) that person was not, within such period, dismissed by reason of

redundancy from that employment.”.”.





186

(iv) Alt 9.




(iv) Section 9.




Innovation):

46. In page 17, line 25, after “10A,” to insert “12, 14, 20A and 20B”.








Innovation):

47. In page 17, line 25, after “sections 10,” to insert “12 and 14,”.








Innovation):


“ “(2) The employment permit so granted shall operate to permit the

employment in the State of the foreign national in the employment

specified in the application—

(a) by—

(i) the person, specified in the application, who made the offer of

employment,

(ii) in the case of an application referred to in section 4(2)(a), the

contractor concerned, or

(iii) in the case of an application referred to in section 4(2)(c), the

person party to the arrangement referred to in that section who made

the application,

or

(b) in the case of an application referred to in section 4(2)(b), to permit

the foreign national to carry out duties for, or participate in a training

programme provided by, the connected person concerned.”.”.





187

1.

7 ; Against, 1.

Tá:- An Teachta Seán Ó Searlóg, Aire

Stáit ag an Roinn Post, Fiontar agus

Nuálaíochta, na Teachtaí Dara Mac Giolla

Laoire, Micheál Ó Connacháin, Damien

Inglis, Seán Ó Cadhain, Antóin Ó

Leathleabhair, Seán Ó Laighin.

For:- Deputy Seán Sherlock, Minister of

State at the Department of Jobs, Enterprise

and Innovation, Deputies Dara Calleary,


Kyne, Anthony Lawlor, John Lyons, Seán

Sherlock.

Níl:- An Teachta Peadar Tóibín. Against:- Deputy Peadar Tóibín.


glacadh leis an gCeist.

The Question was declared carried

accordingly.







Innovation):


“(3) Section 8 of the Act of 2006 is amended by inserting the following

subsection after subsection (4):

“(4A) An employment permit granted for the purpose referred to in

section 3A(2)(d) shall specify the period for which the foreign national

concerned may carry out duties for, or participate in a training

programme provided by, the connected person, pursuant to the permit

and the permit shall, subject to the provisions of this Act, remain in

force for that period accordingly.”.”.








Innovation):


“(8) Where in the case of a transfer to which the European

Communities (Protection of Employees on Transfer of Undertakings)

Regulations 2003 (S.I. No. 131 of 2003) applies, that takes effect

during the period for which an employment permit is in force and

pursuant to that transfer there is a change to the name of—

(a) the employer or, as the case may be, the connected person,

specified in the employment permit—

(i) the employer or, as the case may be, the connected person, shall

notify the Minister of that change of name, and

188

(ii) the Minister may amend the employment permit to reflect that

change of name of the employer or, as the case may be, the connected

person and may request such information and documents, as may be

prescribed, in respect of such change of name,

or

(b) the relevant person—

(i) the contractor shall notify the Minister of that change of name, and

(ii) the Minister may amend the employment permit to reflect that

change of name of the relevant person and may request such

information and documents, as may be prescribed, in respect of such

change of name.”.





(v)Alt 10. (v) Section 10.







Innovation):


“10. (1) Section 9(1) of the Act of 2006 is amended by substituting the

following paragraph for paragraph (b):

“(b) a copy of the permit so granted to be issued to—

(i) the person referred to in section 8(2)(a)(i),

(ii) in the case of an application referred to in section 4(2)(a), the

contractor referred to in section 8(2)(a)(ii),

(iii) in the case of an application referred to in section 4(2)(c), the

person referred to in section 8(2)(a)(iii), or

(iv) in the case of an application referred to in section 4(2)(b), the

connected person referred to in section 8(2)(b).”.”.









Innovation):

189


“(3) Section 9(3) of the Act of 2006 is amended by substituting “an

employee” for “the employee”.”.


Aontaíodh an t-alt, mar a leasaíodh


Section, as amended, agreed to

6. SEISIÚN PRÍOBHÁIDEACH.

Ordaíodh: Go suífidh an Coiste i seisiún

príobháideach anois.

Shuigh an Coiste i seisiún príobháideach

dá réir sin.

6. PRIVATE SESSION.

Ordered: That the Committee now sit in

private.

The Committee sat in private accordingly.

_______________

Chuaigh an Coiste as seisiún

príobháideach.

The Committee went out of private

session.


FOSTAÍOCHTA 2014.

7. EMPLOYMENT PERMITS BILL

2014.


bhreithniú.


the Bill.

(i) Alt 11.




(i) Section 11.




Innovation):

54. In page 19, line 18, after “subsection (2A)” to insert “and (2B)”.




Fiontar agus Nuálaíochta g):




Innovation):

55. In page 20, line 10, to delete “State.”.” and substitute “State.”.








Innovation):

190


“(2B) In the case of an application for an employment permit in respect

of the purpose referred to in paragraph (b), (c), (f) or (h) of section

3A(2), subsection (2) shall not apply to such application where—

(a) on the day on which the application is made the person referred to

in subsection (2)(a) has no employees,

(b) the foreign national in respect of whom the application for the grant

of the employment permit is made will be the sole employee of the

person referred to in subsection (2)(a) on the date on which the

employment that is the subject of the application is to commence, and

(c) the Minister is satisfied that having regard to the employment in

respect of which the application is made, the foreign national

concerned will be the sole employee of the employer concerned,

and the person making the application shall, in addition to any

information required under section 6 or as may be prescribed in respect

of an application, provide the Minister with any information and

documents the Minister may require to satisfy himself or herself of the

matters specified in paragraphs (a) to (c).”.”.





(ii) Alt 12.




(ii) Section 12.




Innovation):


“(2) Subject to subsections (6) and (7), the Minister shall not grant an

employment permit referred to in subsection (1) unless the Minister is

satisfied that a notice of the offer of the employment that is the subject

of the application has been published in accordance with this section

before the application referred to in subsection (1) is made and the

application is made within the period referred to in subsection (5).”.








Innovation):

191


“(3) Where an application referred to in subsection (1) is made—”.








Innovation):

59. In page 20, line 33, to delete “shall offer” and substitute “shall

satisfy the Minister that he or she has, before making the application,

offered”.








Innovation):


“by causing a notice of the offer of the employment concerned to be

published in accordance with subsection (4).”.








Innovation):


“(4) The person referred to in subsection (3)(a) or, as the case may be,

the contractor referred to in subsection (3)(b)—

(a) shall cause the notice referred to in subsection (3) to be published—

(i) in at least one national newspaper circulating in the State,

(ii) on one or more websites, as may be specified in regulations under

this section, the principal purpose of which is to publish offers of

employments to citizens and foreign nationals referred to in subsection

(3)(ii), and

(iii) in, or on, one of the following:

(I) at least one newspaper circulating in the area in which the

employment is to be carried out; or

192

(II) at least one website, other than a website referred to in

subparagraph (ii), the principal purpose of which is to publish offers of

employment,

(b) shall, in respect of the publication of that notice on a website

referred to in paragraph (a)(ii), place the notice referred to in

subsection (3) for publication with one or more persons, as may be

specified in regulations under this section,

(c) shall publish the notice referred to in subsection (3) in accordance

with paragraph (a) for a period that is not less than the period, as may

be specified in regulations under this section, for which the notice is to

be published, and

(d) may, in addition to the publication under paragraphs (a), (b) and

(c), publish the notice in such other manner as may be specified in

regulations under this section.

(5) Where, following the publication of the notice referred to in

subsection (3), an application referred to in subsection (1) is made

under section 4, that application shall be made within the number of

days, as may be specified by the Minister in regulations under this

section, from the date on which that notice was first published on a

website referred to in subsection (4)(a)(ii).”.








Innovation):

62. In page 21, line 5, to delete “(4) Subsection (2)” and substitute “(6)

Subsection (2)”.








Innovation):

63. In page 21, line 11, to delete “concerned,” and substitute

“concerned”.








Innovation):

64. In page 21, line 13, to delete “(5) Subsection (2)” and substitute

193

“(7) Subsection (2)”.








Innovation):

65. In page 21, line 18, to delete “section 14(7)” and substitute “section

14(6)”.








Innovation):


“and the Minister is satisfied that having regard to the circumstances of

that person and that foreign national, it is not appropriate to publish a

notice of the offer of that employment.”.








Innovation):

67. In page 21, to delete lines 37 to 41 and in page 22, to delete lines 1

to 12 and substitute the following:

“(8) The Minister may, without prejudice to the generality of section

29(1), make regulations under this subsection for the publication of the

notice referred to in subsection (3), that is required to be carried out

before an application for the grant of an employment permit referred to

in subsection (1) is made, to provide for—

(a) one or more persons with whom such notice shall be placed for

publication on a website referred to in subsection (4)(a)(ii) where such

person or persons own or operate the website or publish notices on

such website,

(b) one or more websites, referred to in subsection (4)(a)(ii), on which

such notice is to be published,

(c) the duration of the period, referred to in subsection (4)(c), for which

such notice shall be published—

(i) in a newspaper referred to in subsection (4),

(ii) on a website referred to in subsection (4)(a)(ii) which shall be not

less than 14 days, and

(iii) on a website referred to in subsection (4)(a)(iii),

which the Minister considers to be sufficient to afford an opportunity

to citizens and the foreign nationals referred to in subsection (3)(ii) to

apply for the employment concerned,

(d) the publication referred to in subsection (4)(d) of such notice,

including the period for the publication of such notice, and different

194

provision may be made for different classes of publication for any such

notice including publication by electronic means and different

provision may be made for such publication of the offer of

employment to citizens and foreign nationals referred to in subsection

(3)(ii),

(e) the form, procedure for and the manner in which the publication of

the offer of employment, referred to in subsection (2), to citizens and

foreign nationals referred to in subsection (3)(ii) is to be made,

(f) the number of days within which the application referred to in

subsection (1) shall be made after the first day the notice referred to in

subsection (3) has been published on a website referred to in

subsection (4)(a)(ii),

(g) information and documents as the Minister may require to satisfy

himself or herself that the notice was published in accordance with this

section and the application was made within the period referred to in

subsection (4) and without prejudice to the generality of the foregoing

such information and documents may include—

(i) information and documents demonstrating that the notice was

placed with the persons specified by the Minister in regulations under

that section, and

(ii) documents identifying that the notice was published in a newspaper

and a website as required under that section,

and

(h) evidence that the Minister may reasonably require in order to verify

any information or documents to be furnished to the Minister pursuant

to this section.”.








Innovation):

68. In page 22, lines 13 and 14, to delete “(7) Before advertising an

employment for a purpose referred to in subsection (1)” and substitute

“(9) Before publishing a notice referred to in subsection (3)”.








Innovation):

69. In page 22, line 18, to delete “(8) The Minister” and substitute

“(10) The Minister”.








Innovation):

195

70. In page 22, line 21, to delete “(9) Section 10(3) applies” and

substitute “(11) Section 10(3) applies”.





(iii) Aontaíodh alt 13. (iii) Section 13 agreed to.

(iv) Alt 14.




(iv) Section 14.




Innovation):


“(c) by substituting the following paragraph for paragraph (e):

“(e) the following 2 conditions are satisfied namely:

(i) a period of less than 12 months has elapsed since the foreign

national concerned first commenced employment in the State pursuant

to an employment permit granted to him or her; and

(ii) the application is made within the period referred to in

subparagraph (i) and on the date of the application—

(I) the employment permit referred to in subparagraph (i) is in force, or

(II) the foreign national has surrendered, in accordance with section 24,

the employment permit referred to in subparagraph (i), within the

period referred to in subparagraph (i),”,”.








Innovation):

72. In page 24, line 28, to delete “has not made” and substitute “or the

foreign employer has not, or both of them have not, made”.




Fiontar agus Nuálaíochta An Teachta

Seán Ó Searlóg):




Innovation):


“(ii) to provide appropriate health insurance, in respect of the foreign

national should he or she require medical treatment for illness or injury

during the period for which he or she will be in the State pursuant to

the employment permit,”.






196



Innovation):


“(c) the Minister may refuse to grant an employment permit if the

Minister is satisfied that the health insurance provided by the person

referred to in paragraph (b)(iii)(II) of section 1A(1) does not have the

same, or similar, effect as the health insurance provided by a health

insurer,”.








Innovation):

75. In page 24, line 40, to delete “(c) the Minister” and substitute “(d)

the Minister”.








Innovation):


“(1E) In the case of an application in respect of the purpose referred to

in section 3A(2)(e), the Minister—

(a) may refuse to grant an employment permit if, in the opinion of the

Minister, the contractor has not made appropriate arrangements—

(i) to provide appropriate accommodation and board, or either of them,

for the foreign national while he or she is in the State to perform the

duties arising from the contract service agreement,

or

(ii) to provide appropriate health insurance in respect of the foreign

national should he or she require medical treatment for illness or injury

during the period for which he or she will be in the State pursuant to

the employment permit,

or

(b) may refuse to grant an employment permit if the Minister is

satisfied that the health insurance provided by a person referred to in

paragraph (b)(iii)(II) of section 1A(1) does not have the same, or

similar, effect as the health insurance provided by a health insurer.”.








Innovation):

77. In page 25, line 26, to delete “or”.


197







Innovation):


“(ii) the course of study concerned is not wholly or substantially

concerned with the qualifications or skills referred to in section

3A(2)(i), or

(iii) the employment in respect of which the application is made is not

wholly or substantially concerned with the skills or qualifications

referred to in subparagraph (ii),

(b) the Minister is not satisfied that there is a shortage of those

qualifications or skills,”.








Innovation):

79. In page 25, line 31, to delete “(b) the Minister” and substitute “(c)

the Minister”.








Innovation):

80. In page 25, line 32, to delete “on completion of the internship

programme,” and substitute “, at the end of the 12 month period,”.








Innovation):

81. In page 27, to delete line 19 and substitute “met.”.








Innovation):


“(1J) The Minister, in the case of an application for an employment

permit for the purpose referred to in paragraph (d) or (e) of section

3A(2), shall—

198

(a) without prejudice to subsection (1)(j), refuse to grant an

employment permit if the Minister is satisfied that the hourly rate of

the remuneration, in so far as it relates to the salary to be paid to the

foreign national, is less than the national minimum hourly rate of pay

or, where appropriate to the employment in respect of which the

application is made, the hourly rate referred to in subsection (6) (b),

(b) refuse to grant an employment permit where the connected person

did not provide the information and documents referred to in section

3D(4) or the contractor did not provide the information and documents

referred to in section 3E(4), or

(c) refuse to grant an employment permit where the Minister is not

satisfied with the arrangements for the additional payment referred to

in section 3D(4)(g) or, as the case may be, section 3E(4)(g). (1K) The

Minister shall refuse to grant an employment permit where he or she is

satisfied that in the 6 months preceding the day on which the

application was made—

(a) a person was employed in the employment that is the subject of the

application, and

(b) that person was dismissed by reason of redundancy from that

employment.”.”.








Innovation):

83. In page 27, line 21, to delete “(1I)” and substitute “(1K)”.








Innovation):









Innovation):


“(8) Section 12 of the Act of 2006 is amended in subsection (6) by

substituting the following for paragraph (b):

“(b) if the hourly rate of pay fixed under or pursuant to any enactment

that applies to the employment concerned is greater than the national

minimum hourly rate of pay, the hourly rate of pay that is fixed under

or pursuant to that enactment.”.”.


199


Giolla Laoire):


Calleary):


“(8) The Minister shall establish an independent appeals mechanism

for persons refused an employment permit under the provisions of

subsection (1).”.





(v) Alt 15.




(v) Section 15.




Innovation):

87. In page 28, line 4, to delete “or evidence” and substitute “or

documents”.









Innovation):

88. In page 28, line 6, to delete “or evidence is” and substitute “is, or

documents are,”.








Innovation):

89. In page 28, line 12, to delete “or evidence” and substitute “or

documents”.








Innovation):

90. In page 28, lines 14 and 15, to delete “or evidence” and substitute

“or documents”.






200



Innovation):

91. In page 28, line 27, to delete “evidence” and substitute

“documents”.





(vi) Alt 16.




(vi) Section 16.




Innovation):

92. In page 28, line 38, to delete “14A(1)” and substitute “14A”.








Innovation):

93. In page 29, line 2, to delete “class” and substitute “such class”.








Innovation):


“employment permit in respect of it, and without prejudice to the

generality of the foregoing, in respect of such minimum amount of

remuneration—

(i) in so far as it relates to the salary referred to in paragraphs (a)(i) and

(b)(i) of section 1A(1), the hourly rate for the salary shall be not less

than the national minimum hourly rate of pay, or where appropriate to

the employment or the category of employment, the hourly rate of pay

referred to in section 12(6)(b), and

(ii) in so far as it relates to the payments for board and accommodation,

referred to in section 1A(1)(b)(ii) and the payments for health

insurance referred to in paragraphs (a)(ii) and (b)(iii) of section 1A(1),

a maximum amount that may be paid in respect of those payments or

the maximum amount of the value of such board and accommodation

that are directly provided;”.








201

Innovation):

95. In page 31, line 32, to delete “subsection.”.” and substitute

“subsection.”.








Innovation):


“(1H) Without prejudice to the generality of subsection (1A)(b), when

specifying the employments for which an employment permit may be

granted, including employments specified by reference to categories of

employments and to one or more economic sectors, the Minister may

specify such employments by reference to employments that require

qualifications, experience or skills, referred to in section 15(1)(c), that

are required for the proper functioning of one or more economic

sectors and the Minister is satisfied that there is a shortage, referred to

in section 15(1)(d), of those skills, experience or qualifications.

(1I) The Minister may, having regard to section 3A and the matters

specified in section 15, make regulations providing that no permits

shall be granted in respect of any purpose referred to in section 3A(2)

for a period as the Minister shall specify in the regulations.

(1J) Where the Minister has made regulations under this section he or

she shall from time to time carry out a review of the regulations having

regard to section 15 and, without prejudice to the generality of the

foregoing, the shortages and surpluses referred to in section 15(1)(d) in

respect of the matters specified in the regulations pursuant to this

section.

(1K) Where under subsections (1) and (1A)(a), the Minister makes

regulations providing for the maximum number of employment

permits that may be granted in respect of a purpose or specified

employments or categories of employments, whether the maximum

number is provided for on the basis of an economic sector or

otherwise, the Minister shall specify a period during which that

maximum number of employment permits shall be granted.”.”.








Innovation):

97. In page 31, to delete lines 33 to 41, and in page 32, to delete lines 1


“(3) Section 14 of the Act of 2006 is amended by substituting the

following subsections for subsection (2):

“(2) In regulations under subsection (1) the Minister may, having

regard to sections 3A and 14A and the matters specified in section 15,

provide, in respect of each class of employment permit referred to in

202

subsection (1), for—

(a) one or more of the matters specified in subsection (1A) other than

the matters specified in paragraphs (a), (c) and (d) of that subsection,

and

(b) any matter specified in subsections (1B) and (1D) to (1H), in

relation to the renewal, under section 20, of an employment permit and

may, for each such class of employment permit in such regulations,

make provision for such classes of employment permit in relation to

any of the matters specified in paragraphs (a) and (b) in relation to

such renewal that is different to the provision made by the Minister in

relation to the grant of an employment permit under section 8 and may,

in such regulations, make different provision for such classes of

employment permit and such matters in relation to different cases and

different classes of cases and different circumstances or different

classes of circumstances.

(2A) The following modifications apply in respect of the regulations

referred to in subsection (2):

(a) the substitution of references to an application for the renewal of an

employment permit for references to an application for the grant of an

employment permit;

(b) the substitution of references to a condition for the grant of the

renewal of an employment permit for references to a condition for the

grant of an employment permit;

(c) the substitution of references to the grant of the renewal of an

employment permit for the grant of an employment permit.”.”.








Innovation):


“(5) Section 14(4) of the Act of 2006 is amended—

(a) by deleting “, during a period such as is referred to in subsection

(3),”, and

(b) by inserting “, subject to this Act,” after “be granted”.”.








Innovation):









Innovation):

203

100.In page 32, to delete line 33 and substitute “(6) Where--”.








Innovation):

101.In page 33, line 16, to delete “(8) In this Act,” and substitute “(7)

In this Act,”.





(vii) Alt 17.




(vii) Section 17.




Innovation):

102.In page 33, lines 26 to 28, to delete all words from and including

“and” where it secondly occurs in line 26 down to and including

“categories” in line 28.





(viii) Aontaíodh alt 18. (viii) Section 18 agreed to.

(ix) Alt 19.




(ix) Section 19.




Innovation):

103.In page 34, to delete lines 30 and 31 and substitute the following:

“(a) in paragraph (a), by inserting “or connected person” after “the

employer”,

(b) in paragraph (b)—

(i) by inserting “, connected person or relevant person” after “the

employer”,

and

(ii) by inserting “the Act of 2003, the Immigration Act 2004 or an

enactment specified in Schedule 1,” after “this Act,”, and”.








Innovation):

204

104.In page 35, line 9, after “person” to insert “or the foreign

employer”.








Innovation):

105.In page 35, to delete lines 14 to 18 and substitute the following:

“(ii) provide appropriate health insurance in respect of the foreign

national during some or all of the period for which the employment

permit has been in force should he or she require medical treatment for

illness or injury during such period,”.








Innovation):


“(ii) provide appropriate health insurance in respect of the foreign

national during some or all of the period for which the employment

permit has been in force should he or she require medical treatment for

illness or injury during such period,”.








Innovation):

107.In page 35, line 33, to delete “permit, or” and substitute “permit,”.








Innovation):


“(ii) employed by the person referred to in section 8(2)(a)(i), or, as the

case may be, the contractor referred to in section 8(2)(a)(ii), or the


(iii) employed by the foreign employer or is not carrying out the duties

for, or participating in a training programme provided by, the

connected person referred to in section 8(2)(b),”.


Tairgeadh leasú (An Teachta Seán Ó Amendment proposed (Deputy Seán

205





Innovation):

109.In page 35, line 38, after “paid” to insert “, insofar as it relates to

the salary referred to in

paragraphs (a)(i) and (b)(i) of section 1A(1),”.








Innovation):

110. In page 35, line 39, to delete “pay,” and substitute “pay or the

hourly rate referred to in section 12(6)(b),”








Innovation):

111. In page 36, line 3, to delete “employer,”.” and substitute

“employer,”.








Innovation):


“(dg) the statement of earnings, referred to in section 3D or section 3E,

does not comply with the requirements of section 3D(1)(c) or, as the

case may be, section 3E(1)(b),”.

(2) Section 16 of the Act of 2006 is amended in subsection (2) by

inserting “or the connected person” after “the employer”.”.





(x) Alt nua.




(x) New section.




Innovation):



20. Section 17 of the Act of 2006 is amended in subsection (1) by

206

substituting “the holder of the permit, the employer or the connected

person” for “the holder of the permit or the employer”.”.





(xi) Alt 20.




(xi) Section 20.




Innovation):


“(a) in subsection (1)—

(i) by deleting “(other than on foot of an application by a foreign

national)”, and

(ii) by inserting “or the connected person” after “the employer”, and”.





(xii) Alt 21.




(xii) Section 21.




Innovation):


“ “(3A) In the case of the renewal of an employment permit granted in

respect of an employment referred to in section 3A(2)(d)(i), where the

Minister is satisfied that the duties to be carried out for the connected

person will not be completed on the date of the expiration of the permit

that is the subject of the application for renewal, the Minister may,

subject to subsection (3C), renew the permit in accordance with this

section, for the period referred to in subsection (3) or where the

remaining period in which those duties are to be completed is less than

the period referred to in subsection (3), for the lesser period.

(3B) In the case of the renewal of an employment permit granted in

respect of the purpose referred to in section 3A(2)(e), where the

Minister is satisfied that the duties to be performed in the State

pursuant to the contract service agreement will not be completed on the

date of the expiration of the permit that is the subject of the application

for renewal, the Minister may, subject to subsection (3C), renew the

permit, in accordance with this section, for the period referred to in

subsection (3) or where the remaining period in which those duties are

to be completed is less than the period referred to in subsection (3), for

the lesser period.

(3C) The period for which an employment permit referred to in

subsections (3A) and (3B) shall be in force whether granted or

renewed, shall not exceed a period of 5 years from the date on which it

was first granted.”.”.


207







Innovation):


“permit shall—

(a) provide information, documents and evidence as may be specified

in regulations under section 29 in respect of the renewal of an

employment permit, within such period as may be specified in

regulations under that section, and

(b) without prejudice to the generality of paragraph (a), in the case of

an application for the renewal of an employment permit referred to in

subsection (3A) or, as the case may be, subsection (3B), provide

information, documents and evidence as may be specified in

regulations under section 29, in respect of the payment of the

additional payment referred to in section 3D(2) or 3D(3) or, as the case

may be, section 3E(2) or 3E(3), during the period for which the

employment permit, that is the subject of the application for renewal,

has been granted.”.



Tóibín):


Tóibín):


“(6) Section 20 of the Act of 2006 is amended by inserting the

following subsection after subsection (5):

“(5A) The Minister may, on application made to him or her, waive the

prescribed fee.”.”












Innovation):

118. In page 38, line 8, to delete “or”.








Innovation):


“(ii) employed by the person referred to in section 8(2)(a)(i), or, as the

case may be, the contractor referred to in section 8(2)(a)(ii), or the

208


(iii) employed by the foreign employer or is not carrying out duties for,

or participating in a training programme provided by, the connected

person referred to in section 8(2)(b),”.








Innovation):

120.In page 38, line 19, to delete “or”.








Innovation):

121.In page 38, line 23, to delete “employment.”.” and substitute

“employment,”.








Innovation):

122.In page 38, between lines 23 and 24, to insert the following:

“(d) without prejudice to the generality of the foregoing, the granting

of the application to renew the permit would contravene regulations

under section 14 in so far as those regulations make provision for,

pursuant to section 14(2), the renewal of an employment permit, or

(e) the information, documents and evidence referred to in paragraphs

(a) and (b) of subsection (4A) were not provided as required under

those paragraphs.”.”.








Innovation):

123.In page 38, line 32, to delete “made.” and substitute “made,”.








Innovation):


209

“(13) Notwithstanding the application, under subsection (8), of section

10 to the renewal of an employment permit, where—

(a) an application is made to renew an employment permit that was

granted for the purpose referred to in paragraph (b), (c), (f) or (h) of

section 3A(2),

(b) on the day the application to renew the employment permit is made

the holder in respect of whom that application is made is the sole

employee of the employer concerned, and

(c) at the time the application to grant the employment permit was

made, section 10(2B) applied in respect of the grant of that

employment permit, section 10 shall not apply to that application to

renew that employment permit.”.








Innovation):

125.In page 39, line 30, to delete “(13) The period” and substitute

“(14) The period”.








Innovation):

126.In page 40, line 4, to delete “(14) Nothing in subsection (13)” and

substitute “(15) Nothing in subsection (14)”.








Innovation):

127.In page 40, line 7, to delete “subsection (13)” and substitute

“subsection (14)”.








Innovation):

128.In page 40, line 8, to delete “(15) Where, on” and substitute “(16)

Where, on”.






210



Innovation):

129.In page 40, line 31, to delete “(16) Where, on” and substitute “(17)

Where, on”.





(xiii) Alt 22.




(xiii) Section 22.




Innovation):

130.In page 41, line 2, to delete “within the meaning of section 7(2) of

the Act of 1967” and substitute “from the employment concerned”.








Innovation):


“(2) Without prejudice to section 24, a foreign national to whom this

section applies shall notify the Minister of the date of dismissal within

4 weeks of that date of dismissal and the notification shall be in such

form as may be specified in regulations under section 29 and shall

include the information and documents specified in section 20C.”.








Innovation):

132.In page 41, line 11, to delete “An application” and substitute the

following:

“Where the Minister is satisfied that the foreign national was dismissed

by reason of redundancy from the employment for which the

employment permit referred to in subsection (1) was granted, an

application”.








Innovation):

133.In page 41, line 13, to delete “the dismissal by reason of

211

redundancy taking effect” and substitute “the date of dismissal of that

foreign national”.








Innovation):

134.In page 41, line 14, after “be” to insert “for an employment

permit”








Innovation):


“(4) Where—

(a) on the date an application referred to in subsection (3) is made, the

type of employment referred to in subsection (3)(a)

(i) is no longer specified in regulations under section 14 as an

employment, or no longer falls within a category of employment

specified in those regulations, for which an employment permit may be

granted in respect of the purpose referred to in subsection (1), or

(ii) is specified in regulations under section 14 as an employment, or

falls within a category of employment, in respect of which an

employment permit shall not be granted,

and

(b) the Minister is satisfied that the dismissal by the employer of the

foreign national from the employment in respect of which the

employment permit referred to in subsection (1) was granted, was a

dismissal by reason of redundancy, the application may be made for

that employment by a foreign national to whom this section applies

notwithstanding that the employment is no longer an employment, or

falls within a category of employment, for which an employment

permit may be granted or is an employment, or falls within a category

of employment specified in regulations under section 14 for which an

employment permit shall not be granted.”.








Innovation):

136.In page 41, line 39, after “may” to insert “, subject to subsection

(6),”.



212





Innovation):


“(6) Without prejudice to subsection (3) or (4), where an application

referred to in subsection (3) or (4) is made by a foreign national who

has made a notification to the Minister under this section, the Minister

shall not grant the employment permit concerned unless the Minister is

satisfied that the foreign national was dismissed by reason of

redundancy from the employment in respect of which the employment

permit referred to in subsection (1) was granted.”.








Innovation):

138.In page 42, line 6, to delete “(6) Having regard” and substitute “(7)

Having regard”.








Innovation):

139.In page 42, line 14, to delete “(7) Nothing in” and substitute “(8)

Nothing in”.








Innovation):


“(9) Without prejudice to section 20C, a foreign national who makes

an application referred to in subsection (3) or (4) shall provide the

Minister with any information or documents that the Minister may

require to satisfy himself or herself that the dismissal of the foreign

national was a dismissal by reason of redundancy.”.



Tóibín):


Tóibín):

141.In page 42, line 15, after “subsection (3).” to insert the following:

“Where an employer has failed to provide a P45 or other relevant

document to a foreign national to whom an employment permit in

respect of the purpose referred to in section 3A(2)(a) has been granted

213

further to a dismissal by reason of redundancy within the meaning of

section 7(2) of the Act of 1967 the Minister shall be responsible for

acquiring such documentation from the employer.”.








Innovation):

142.In page 42, line 21, to delete “within the meaning of section 7(2)

of the Act of 1967” and substitute “from the employment concerned”.








Innovation):


“(2) Without prejudice to section 24, a foreign national to whom this

section applies shall notify the Minister of the date of dismissal within

4 weeks of that date of dismissal and the notification shall be in such

form as may be specified in regulations under section 29 and include

the information and documents specified in section 20C.”.








Innovation):

144.In page 42, line 30, to delete “An application” and substitute the

following:

“Where the Minister is satisfied that the foreign national was dismissed

by reason of redundancy from the employment for which the

employment permit referred to in subsection (1) was granted, an

application”.








Innovation):

145.In page 42, line 32, to delete “the dismissal by reason of

redundancy taking effect” and substitute “the date of dismissal of that

foreign national”.






214



Innovation):


“(4) Where—

(a) at the time an application referred to in subsection (3) is made the

type of employment referred to in subsection (3)(a) is specified in

regulations under section 14 as an employment, or falls within a

category of employment, in respect of which an employment permit

shall not be granted, and

(b) the Minister is satisfied that the dismissal by the employer of the

foreign national from the employment in respect of which the

employment permit referred to in subsection (1) was granted was a

dismissal by reason of redundancy, the application may be made in

respect of that employment by a foreign national to whom this section

applies notwithstanding that the employment is an employment, or

falls within a category of employment, that is specified in regulations

under section 14 as an employment, or category of employment, for

which an employment permit shall not be granted.”.








Innovation):

147.In page 43, line 13, after “may” to insert “, subject to subsection

(6),”.








Innovation):


“(6) Without prejudice to subsection (3) or (4), where an application

referred to in subsection (3) or (4) is made by a foreign national who

has made a notification to the Minister under this section, the Minister

shall not grant the employment permit concerned unless the Minister is

satisfied that the foreign national was dismissed by reason of


permit referred to in subsection (1) was granted.”.








Innovation):

149.In page 43, line 24, to delete “(6) Having regard” and substitute

“(7) Having regard”.

215








Innovation):

150.In page 43, line 32, to delete “(7) Nothing in” and substitute “(8)

Nothing in”.








Innovation):


“(9) Without prejudice to section 20C, a foreign national who makes

an application referred to in subsection (3) or (4) shall provide the

Minister with any information or documents that the Minister may

require to satisfy himself or herself that the dismissal of the foreign

national was a dismissal by reason of redundancy.”.








Innovation):


“Information and documents to be provided with notification

under section

20A or 20B of dismissal by reason of redundancy

20C. The information and documents to be provided to the Minister

with the

notification referred to in section 20A(2) and 20B(2) are—

(a) the date of dismissal,

(b) the reason for the dismissal by reason of redundancy as specified in

paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967

or in section 21 of that Act,

(c) such information and documents as may be specified under section

29 that the Minister may require to satisfy himself or herself that

the dismissal of the foreign national was a dismissal by reason of

redundancy, and

(d) a statement specifying whether the foreign national has surrendered

the employment permit in accordance with section 24.”.








216

Innovation):

153.In page 43, to delete line 35 and substitute “20D. Where—”.








Innovation):


“(b) following the coming into operation of those sections, a foreign

national to whom such permit was granted is dismissed by reason of


permit was granted, and”.








Innovation):

155.In page 43, to delete line 43, and in page 44, to delete lines 1 to 6

and substitute the following:

“(c) the Minister is satisfied that—

(i) the dismissal is a dismissal by reason of redundancy, and

(ii) having regard to the employment in respect of which the

employment permit referred to in paragraph (a) has been granted, that

employment permit would, had it been granted after the coming into

operation of section 6 and section 22 of the Employment Permits

(Amendment) Act 2014, have been granted in respect of the purpose

referred to in section 3A(2)(a) or 3A(2)(c),”.





(xiv) Alt 23.




(xiv) Section 23.




Innovation):

156.In page 44, line 14, to delete “and”.








Innovation):

217


“(c) by inserting the following subsection after subsection (3):

“(3A) A connected person shall not seek to recover from the holder of

the employment permit any charge, fee or expense arising out of the

application for the employment permit or the renewal of the permit

under section 20 or any matter relating to or concerning such an

application or the grant or renewal of the permit.”,

and”.








Innovation):

158.In page 44, line 15, to delete “by deleting “, (2)” ” and substitute

“by substituting “(3) or (3A)” for “(2) or (3)” ”.





(xv) Alt nua.




(xv) New section.




Innovation):




(a) in subsection (1), by deleting “(other than a permit granted on foot

of an application by a foreign national)”,

(b) by inserting the following subsection after subsection (1):

“(1A) In the case of an employment permit granted for the purpose

referred to in section 3A(2)(d), if—

(a) the employment of the foreign national is terminated by the foreign

employer or the holder of the permit, or

(b) the foreign national ceases, for whatever reason, to carry out duties

for, or participate in a training programme provided by, the connected

person, there shall be surrendered to the Minister within 4 weeks from

the date of termination or cessation—

(i) by the holder — the original of the permit, and

(ii) by the connected person — the copy of the permit.”,

and

(c) in subsection (2), by inserting “or (1A)” after “fails to comply with

subsection (1)”.”.





(xvi) Scriosadh alt 24. (xvi) Section 24 deleted.

218

(xvii) Alt 25.




(xvii) Section 25.




Innovation):


“(d) in subsection (4), in paragraph (c)—

(i) by substituting “one or more foreign nationals are” for “more than

one foreign national is”, and

(ii) by substituting “an employment permit” for “2 or more

employment permits”,”.








Innovation):


“(e) by inserting the following subsections after subsection (5):

“(5A) A connected person shall keep, in relation to the foreign national

to whom an employment permit for the purpose referred to in section

3A(2)(d) has been granted, a record of the employment concerned, a

record of the duties carried out by the foreign national or the training

programme concerned, the duration of the employment and particulars

of the permit and that record shall be kept for the period specified in

subsection (5).

(5B) Where the connected person makes, pursuant to section 3D(1)(b),

the payment for board and accommodation, or either of them, or health

insurance, the connected person shall—

(a) keep and have available for inspection by an authorised officer

exercising his or her powers under this Act the records, specified in

subsection (5C) in respect of the foreign national to whom the

employment permit referred to in subsection (5A) has been granted at

the premises or place of business of that connected person in or at

which the duties or training programme is carried out in the State, and

(b) furnish, when requested by the Minister to do so, information to the

Minister concerning the records referred to in paragraph (a).

(5C) The records referred to in subsection (5B) are—

(a) records relating to payment for—

(i) board and accommodation, or either of them, and

(ii) health insurance,

and

(b) if one or more foreign nationals are, pursuant to an employment

permit granted for the purpose referred to in section 3A(2)(d), carrying

out duties for, or participating in a training programme provided by,

the connected person, records of the number for the time being, if any,

of those foreign nationals who are nationals of a Member State referred

to in subsection (4)(c)(i) or a state referred to in subsection

(4)(c)(ii).”,”.

219








Innovation):

162.In page 44, line 32, to delete “by deleting “, (2)” ” and substitute

“by substituting “, (3), (5A) or (5B)” for “, (2) or (3)” ”.





(xix) Alt 27.




(xix) Section 27.




Innovation):

163.In page 45, to delete lines 36 to 39, and in page 46, to delete lines

1 to 3 and substitute the

following:

“ “(ba) the production to the Minister, with an application under

section 4, of information and documents—

(i) as the Minister may, without prejudice to the requirement under

section 6(a), specify, in respect of the employment concerned and the

terms, conditions and the duration of it,

(ii) as the Minister may, without prejudice to the requirement under

section 6(c), specify, in respect of the qualifications, skills, knowledge

and experience, of the foreign national in respect of whom the

application is made,

(iii) as the Minister may, without prejudice to the requirement under

section 6(e), specify, in respect of the remuneration that is proposed to

be paid to the foreign national and deductions to be made from it,

(iv) as the Minister may, without prejudice to the requirement under

section 6(f), specify, concerning—

(I) any permission given to the foreign national in respect of whom the

application is made by the Minister for Justice and Equality to land in

the State or to be in the State, and

(II) any application, made before the date on which the application

under section 4 is made, to the Minister for Justice and Equality for

which the foreign national has sought permission to land in the State or

to be in the State,

(v) as the Minister may, without prejudice to the requirement under

section 6(f), specify, concerning the employment in the State of the

foreign national in respect of whom the application is made, at the time

of the application or at any other time,

(vi) as the Minister may specify concerning the identity of the foreign

national in respect of whom the application is made and without

(xviii) Aontaíodh alt 26. (xviii) Section 26 agreed to.

220

prejudice to the generality of the foregoing may include the production

to the Minister of a copy of the passport of that foreign national and in

respect of which the expiry date of that passport is not less than a

period as the Minister may specify under paragraph (bi),

(vii) as the Minister may, without prejudice to the requirement under

section 6(i), specify in respect of the requirement under section

4(5) in respect of the employment of any person in the employment

that is the subject of the application in the period referred to in that

section and that such person was not dismissed by reason of edundancy

within that period including information and documents as the Minister

may specify to satisfy himself or herself that the person employed in

the employment that is the subject of the application was not, in the

period referred to in section 4(5), dismissed by reason of redundancy,

and

(viii) as the Minister may specify in respect of—

(I) without prejudice to subsection (1), the making of an application

under section 4,

(II) without prejudice to the requirement under section 6, any matter

specified in paragraphs (a) to (i) of section 6,

(III) the requirement under section 10 for the employees referred to in

that section to be nationals of the states referred to in that section,

(IV) without prejudice to the generality of subsection (1), a purpose

specified in section 3A(2), and

(V) any other requirement under this Act that, in respect of the grant of

an employment permit, is required to be satisfied;

(bb) the production to the Minister, with an application under section

20 to renew an employment permit, of information and documents—

(i) as the Minister may specify, in respect of the employment that is the

subject of such application and the terms and conditions of that

employment,

(ii) as the Minister may specify, in respect of the qualifications, skills

and knowledge, of the foreign national in respect of whom the

application is made,

(iii) as the Minister may specify, in respect of—

(I) the remuneration that is proposed to be paid to the foreign national

on and after such renewal and deductions to be made from such

remuneration, and

(II) the remuneration paid to the foreign national in respect of whom

such application is made, for all or part of the period commencing on

the date on which the employment permit was granted and ending on

the date on which such application was made,

(iv) as the Minister may specify that have been issued by the Revenue

Commissioners in relation to the remuneration paid to, and tax paid in

respect of such remuneration by, the foreign national in respect of

whom such application is made,

(v) as the Minister may specify concerning the permission given by the

Minister for Justice and Equality to the foreign national in respect of

whom such application is made to land in the State or to be in the State

during the period for which the employment permit has been in force,

(vi) as the Minister may specify concerning the identity of the foreign

national in respect of whom such application is made and without

prejudice to the generality of the foregoing may include the production

221

to the Minister of a copy of the passport of that foreign national and in

respect of which the expiry date of that passport is not less than a

period as the Minister may specify under paragraph (bi), and

(vii) as the Minister may specify in respect of—

(I) without prejudice to the generality of subsection (1), the making of

an application to renew an employment permit under section 20,

(II) without prejudice to the generality of subsection (1), the

requirements under section 10 in relation to an application for the

renewal of an employment permit,

(III) without prejudice to the generality of subsection (1), a purpose

referred to in section 3A(2), and

(IV) any other requirement under this Act that, in respect of the

renewal of an employment permit, is required to be satisfied;”.








Innovation):

164.In page 46, line 5, after “evidence” to insert “to verify such

documents”.








Innovation):

165.In page 46, line 18, to delete “evidence” and substitute “such

evidence”.








Innovation):


evidence”.








Innovation):


evidence”.



222





Innovation):


evidence”.








Innovation):

169.In page 46, line 31, to delete “paragraph (bc);”.” and substitute

“paragraph (bc);”.








Innovation):


“(be) without prejudice to paragraph (ba), in the case of an application

for an employment permit for the purposes referred to in paragraphs

(d) and (e) of section 3A(2), the production to the Minister of

information and documents as the Minister may specify in respect of—

(i) the remuneration paid to the foreign national concerned,

(ii) the currencies and exchange rate to be used in the description of the

amount of such remuneration and in any computation and statement of

remuneration,

(iii) the translations of any information or document relating to such

remuneration,

(iv) the payment to the foreign national of the additional payment

referred to in sections 3D(2), 3D(3), 3E(2) and 3E(3), and

(v) the arrangements for making the additional payment referred to in

subparagraph (iv), and, without prejudice to paragraph (a), the Minister

may specify the form in which such information is to be provided to

the Minister;

(bf) without prejudice to paragraph (bb), in the case of an application

for the renewal of an employment permit for the purposes referred to in

paragraphs (d) and (e) of section 3A(2), the production to the Minister

of—

(i) information and documents as the Minister may specify in respect

of—

(I) the remuneration that is proposed to be paid to the foreign national

on and after such renewal and deductions to be made from such

remuneration, and

(II) the remuneration paid to the foreign national in respect of whom

such application is made, for all or part of the period commencing on

the date on which the employment permit was granted and ending on

the date on which such application was made,

223

(ii) documents, as the Minister may specify, issued by the Revenue

Commissioners in relation to the remuneration paid to, and tax paid in

respect of such remuneration by, the foreign national in respect of

whom such application is made,

(iii) documents, as the Minister may specify, issued by the Revenue

Commissioners in relation to the remuneration and tax paid by the

connected person, the foreign employer, and contractor,

(iv) information and documents as the Minister may specify in respect

of the currencies and exchange rate to be used in the description of the

amount of such remuneration and in any computation and statement of

remuneration, and

(v) information and documents as the Minister may specify in respect

of the translations of any information or document relating to such

remuneration, and without prejudice to paragraph (b), the form in

which such information is to be provided to the Minister;

(bg) the form of the notification referred to in sections 20A and 20B

and the information and documents the Minister may require to satisfy

himself or herself—

(i) that, for the purposes of sections 20A and 20B, the dismissal by an

employer of a foreign national referred to in section 20A or 20B is a

dismissal by reason of redundancy, and (ii) the date on which the

redundancy takes effect;

(bh) without prejudice to the generality of subsection (1) and the

period specified in regulations under section 10A(8)(f), the period,

following the making of the offer of employment that is the subject of

the application, within which an application under section 4 shall be

made;

(bi) the specification of the minimum period for which a passport

referred to in paragraphs (ba) and (bb) shall be in force on the date of

an application for the grant, or renewal, of an employment permit;”.”.








Innovation):


“ “(2A) Without prejudice to the generality of subsections (1) and (2),

regulations under this section may provide for the production, within a

specified period, with an application for the grant or renewal of an

employment permit to the Minister of—

(a) in the case of an application for the grant or renewal of an

employment permit for the purpose referred to in section 3A(2)(e),

information and documents in respect of the contract service

agreement concerned, and”.








Innovation):

224

172.In page 47, line 4, after “person” to insert “, foreign employer”.








Innovation):

173.In page 47, line 5, to delete “insurance” and substitute “health

insurance referred to in section 1A(1)(b)(iii)”.








Innovation):

174.In page 47, to delete line 6 and substitute “foreign nationals, and”.








Innovation):


“(c) evidence as the Minister may reasonably require in order to verify

such information or documents.”.








Innovation):


“(2B) Without prejudice to the generality of subsections (1) and (2),

regulations under this section, in respect of grant or renewal of an

employment permit for the purpose referred to in section 3A(2)(b),

provide for the production, within a specified period, to the Minister of

information, documents and evidence to verify such information and

documents with—”.








Innovation):

177.In page 47, lines 23 and 24, after “subsection (2B)” to insert “that

may be included in regulations under this section”.

225








Innovation):

178.In page 47, line 24, after “evidence” to insert “verifying such

information and documents”.








Innovation):

179.In page 47, lines 35 and 36, to delete “referred to in the Act of

2010”.








Innovation):


“(2D) Without prejudice to the generality of subsections (1) and (2),

regulations under this section may provide for the production to the

Minister, within a specified period, of information, documents and

evidence to verify such information and documents as the Minister

may require to satisfy himself or herself—

(a) that the exchange agreement applies to the foreign national in

respect of an application for the grant of an employment permit for the

purpose referred to in section 3A(2)(g), and

(b) that, in respect of the purpose referred to in section 3A(2)(i)—

(i) the third level institution outside the State confirms—

(I) that the foreign national is enrolled as a full-time student at that

institution and the name and description of the course of study in

which the foreign national is enrolled,

(II) the qualifications or skills with which the course of study is wholly

or substantially concerned,

(III) that the employment in respect of which the application is made is

wholly or substantially concerned with the course of study on which

the foreign national is enrolled,

(IV) the requirement referred to in section 3A(2)(i)(iii), and

(V) that the foreign national is required to return to that institution at

the end of the 12 month period in order to complete that course of

study,

and

(ii) the person who has made the offer of employment concerned

confirms that—

(I) the employment is for a period not exceeding 12 months,

226

and

(II) the employment is wholly or substantially concerned with the

skills or qualifications referred to in section 3A(2)(i).”.








Innovation):

181.In page 48, to delete lines 41 and 42, and in page 49, to delete line

1 and substitute the

following:

“(2E) The Minister may, in respect of the notification referred to in

section 8(8), make regulations under this section specifying—

(a) the information and documents to be provided to the Minister that

relate to the transfer, and the change of name, that arises pursuant to

such transfer, of—

(i) the employer or connected person specified in an employment

permit referred to in that section, or

(ii) the relevant person,

(b) the form in which the notification under section 8(8) is to be made,

and

(c) the procedure for the making of that notification.”.








Innovation):


“(2F) Without prejudice to subsections (1) and (2), in regulations under

this section the Minister may provide for the production to the

Minister, within a specified period, of information, documents and

evidence to verify such information and documents, with an

application for the grant or renewal of an employment permit

concerning—

(a) compliance by a person who makes an offer of employment with an

enactment, as the Minister may specify in the regulations, with which

compliance is required by such person in order to carry on his or her

business,

(b) compliance by a contractor, relevant person or connected person

with an enactment, as the Minister may specify in the regulations, with

which compliance is required by such contractor, relevant person or

connected person in order to carry on his or her business,

(c) compliance by a person who makes an offer of employment with a

requirement, as the Minister may specify in the regulations, with which

compliance is required by such person in order to carry on his or her

business, and

(d) without prejudice to paragraphs (a) and (b), compliance by a person

who made the offer of employment, a contractor or connected person

227

with the Act of 1997 that is in addition to the documents and evidence

that may be specified in regulations under this section under

subsections (2)(bc)(i) and (2)(bd), and the Minister may make different

provision for different cases and different classes of cases and different

circumstances and different classes of circumstances.

(2G) Without prejudice to subsection (1), when prescribing any fee

payable in respect of an application for the grant, or renewal, of an

employment permit, the Minister, having regard to the different

purposes referred to in section 3A(2), may—

(a) make different provision for such fee, and

(b) provide for the procedure for the payment of such fee, and may

make different provision for different cases and different classes of

cases and different circumstances and different classes of

circumstances.”.”.





(xx) Aontaíodh alt 28, 29 agus 30.

(xx) Section 28, 29 and 30 agreed to.

(xxi) Alt nua.




(xxi) New section.




Innovation):

183.In page 49, after line 35, to insert the following:

“Amendment of Schedule 1 to Act of 2006

31. Schedule 1 to the Act of 2006 is amended—

(a) by substituting “Unfair Dismissals Acts 1977 to 2007” for “Unfair

Dismissals Acts 1977 to 2005”, and

(b) by inserting the following after “Protection of Employees (Part-

Time Work Act 2001”: “Protection of Employment Act 1977”.”.





(xxii) Aontaíodh alt 31 agus 32.

(xxii) Section 31 and 32 agreed to.

(xxiii) Alt 33.



Fiontar agus Nuálaíochta An Teachta

Seán Ó Searlóg):

(xxiii) Section 33.




Innovation):


“(5) Where, before the coming into operation of this section, an

application had been made for the grant of an employment permit but a

decision in respect of the application had not been made by the

228

Minister, then the application shall be deemed to be an application

under the Act of 2006 as amended by this Act and shall be dealt with

accordingly and any act done by the Minister before such coming into

operation in relation to the application (being an act required to be

taken under the Act of 2006) shall be deemed to have been taken under

the Act of 2006 as amended by this Act.

(6) Where evidence has been given through a live television link in

accordance with section 35 of the Act of 2006 and has been video

recorded in accordance with section

35(2) of the Act of 2006, the repeal of section 35(2) of the Act of 2006

by section 32(e) shall not affect the validity of such video recording in

respect of the proceedings concerned where such proceedings have not

been finally determined before the coming into operation of section

32(e).”.





10. ATHLÁ.

Chuaigh an Coiste ar athló ar 1.15 p.m. go

dtí 10 a.m. Déardaoin 3, July, 2014.

10. ADJOURNMENT.

The Committee adjourned at 1.15 p.m

until 10 a.m. on Thursday, 3 July, 2014.

(xxiv) Aontaíodh an Teideal. (xxiv) Title agreed to.



mBille ar 1.15 p.m.





ÉIREANN.









amendments thereto.

229



__________________

Déardaoin, 3 Iúil 2014

Thursday, 3 July, 2014

__________________


2. COMHALTAÍ I LÁTHAIR.3


An Teachta Seán Ó Searlóg (an tAire Stáit

ag an Roinn Post, Fiontar agus

Nuálaíochta), na Teachtaí Áine Ní

Choileáin, Micheál Ó Connacháin.


2. MEMBERS PRESENT.4


Seán Sherlock (Minister of State at the


Innovation), Deputies Áine Collins,

Michael Conaghan.

3. BILLE NA GCARA-CHUMANN AGUS NA

GCUMANN TIONSCAIL AGUS SOLÁTHAIR

(FORÁLACHA ILGHNÉITHEACHA) 2013.


bhreithniú.

3. FRIENDLY SOCIETIES AND INDUSTRIAL

AND PROVIDENT SOCIETIES

(MISCELLANEOUS PROVISIONS) BILL 2013.


consideration.

(i) Aontaíodh ailt 1 go 25, go huile.

(i) Sections 1 to 25, inclusive, agreed to.

(ii) Aontaíodh an Teideal. (ii) Title agreed to.


ÉIREANN.



bhreithniú ar an mBille agus nach raibh

aon leasú déanta aige air.




consideration of the Bill and had made no

amendment thereto.

6. ATHLÁ.

Chuaigh an Coiste ar athló ar 10.10 a.m.

sine die.

6. ADJOURNMENT.

The Committee adjourned at 10.10 a.m.

sine die.

3 Ghlac an Teachta Seán Ó Searlóg (Aire Stáit ag an Roinn Post, Fiontar agus Nuálaíochta) ionad an Aire Post, Fiontar

agus Nuálaíochta [B.O. 92(1)]. 4 Deputy Seán Sherlock (Minister of State at the Department of Jobs, Enterprise and Innovation) substituted for the

Minister for Jobs, Enterprise and Innovation [S.O. 92(1)].



mBille ar 10.10 a.m.



consideration of the Bill at 10.10 a.m.

230



__________________

Dé Máirt ,4 Samhain, 2014

Tuesday, 4 November, 2014

__________________


2. COMHALTAÍ I LÁTHAIR.5


An Teachta Damien Inglis (An tAire Stáit,

an Roinn Post, Fiontar agus Nuálaíochta),

na Teachtaí Dara Mac Giolla Laoire,

Antóin Ó Leathleabhair agus Peadar

Tóibín.


2. MEMBERS PRESENT.6


Damien English (Minister of State,


Innovation), Deputies Dara Calleary,

Anthony Lawlor, and Peadar Tóibín.

3. AN BILLE UM MAOIN

INTLEACHTÚIL (FORÁLACHA

ILGHNÉITHEACHA), 2014.


bhreithniú.

3. INTELLECTUAL PROPERTY

(MISCELLANEOUS PROVISIONS)

BILL 2014.


consideration.

(i) Alt 1.

Tairgeadh leasú (An tAire Stáit, an Roinn

Post, Fiontar agus Nuálaíochta):

(i) Section 1.

Amendment proposed (Minister of State,


Innovation):


“Definitions

1. In this Act—

“Act of 1992” means the Patents Act 1992;

“Act of 1996” means the Trade Marks Act 1996.”.



(ii) Scriosadh alt 1.

(ii) Section 1 deleted.

(iii) Alt 2.

(iii) Section 2.

5 Ghlac an Teachta Damien Inglis (Aire Stáit ag an Roinn Post, Fiontar agus Nuálaíochta) ionad an Aire

Post, Fiontar agus Nuálaíochta [B.O. 92(1)]. 6 Deputy Damien English (Minister of State at the Department of Jobs, Enterprise and Innovation)

substituted for the Minister for Jobs, Enterprise and Innovation [S.O. 92(1)].

231





Innovation):

2. In page 3, line 12, to delete “Patents Act 1992” and substitute “Act

of 1992”.





Amendment proposed (Minister of State

at the Department of Jobs, Enterprise and

Innovation):

3. In page 3, line 14, to delete “2006))” and substitute “2006)) of

subsection (1)”.






Innovation):








Innovation):

5. In page 3, line 16, to delete “paragraph (g)” and substitute

“paragraph (g) of subsection (1)”.







Innovation):

6. In page 3, line 22, to delete “(howsoever described)” and substitute

“(howsoever described) that is”.







Innovation):

7. In page 3, line 24, to delete “sell or supply” and substitute “sell or

supply or offer to sell or supply”.






Innovation):

8. In page 3, to delete lines 25 to 30 and in page 4, to delete lines 1 to

232

6 and substitute the following:

“(I) a medicinal product for human use, within the meaning of

subsection (2), or

(II) a veterinary medicinal product, within the meaning of subsection

(2),”.







Innovation):

9. In page 4, line 10, to delete “as appropriate.”.” and substitute the

following:

“as appropriate.”,

and

(c) by the insertion of the following subsection:

“(2) In this section (other than paragraph (g) of subsection (1))—

‘medicinal product for human use’ means—

(a) any substance or combination of substances having or purporting to

have properties for treating or preventing disease in human beings,

or

(b) any substance or combination of substances which may be used on

or be administered to human beings with a view either to restoring,

correcting or modifying physiological functions by exerting a

pharmacological, immunological or metabolic action, or to making a

medical diagnosis; ‘substance’ means any matter of—

(a) human origin (including human blood and human blood products),

(b) animal origin (including micro-organisms, whole animals, parts of

organs, animal secretions, toxins, extracts and blood products),

(c) vegetable origin (including micro-organisms, plants, parts of plants,

vegetable secretions and extracts), or

(d) chemical origin (including elements, naturally occurring chemical

materials and chemical products obtained by chemical change or

synthesis); ‘veterinary medicinal product’ means—

(a) any substance or combination of substances having or purporting to

have properties for treating or preventing disease in animals, or

(b) any substance or combination of substances which may be used on

or be administered to animals with a view either to restoring,

correcting or modifying physiological functions by exerting a

pharmacological, immunological or metabolic action, or to making a

medical diagnosis.”.

(2) Section 42 of the Act of 1992 as it stood immediately before the

passing of this section shall be referred to as subsection (1) of the said

section 42 and, accordingly, references in any enactment passed before

the passing of this Act to section 42 of the Act of 1992 shall be

construed as references to subsection (1) of section 42 of that Act.”.





(iv) Alt 3.

(iv) Section 3.

233


Tóibín):


Tóibín):


“Common good

3. The Patents Act 1992 is amended by the insertion of the

following new section after section 61:

“Common good

61A. The achievement of the common good may require permanent or

temporary interference with the rights, including intellectual property

rights, of persons or corporate entities.”.”.






(v) Aontaíodh alt 3. (v) Section 3 agreed to.

(vi) Aontaíodh alt 4.

(vi) Section 4 agreed to.



mBille ar 10.55 a.m.



consideration of the Bill at 10.55 a.m.

6. ATHLÁ.

Chuaigh an Coiste ar athló ar 10.55 a.m.

sine die.

6. ADJOURNMENT.

The Committee adjourned at 10.55 a.m.

sine die.


ÉIREANN.









amendments thereto.

234



__________________

Déardaoin, 6 Samhain 2014

Thursday, 6 November, 2014

__________________

1. Chruinnigh an Coiste ar 12.55p.m.


An Teachta Mairsile Ní Chorcoráin-

Cinnéide (i gCeannas), An Teachta

Risteárd de Briotún (An tAire Post,

Fiontar agus Nuálaíochta), na Teachtaí

Dara Mac Giolla Laoire, Áine Ní

Choileáin, Seán Ó Cadhain, Antóin Ó

Leathleabhair, Seán Ó Laighin, Peadar

Tóibín, Micheál de Bhailís.

1. The Committee met at 12.55p.m.

2. MEMBERS PRESENT.

Deputy Marcella Corcoran-Kennedy (in

the Chair), Deputy Richard Bruton

(Minister for Jobs, Enterprise and

Innovation), Deputies Dara Calleary, Áine

Collins, Seán Kyne, Anthony Lawlor,

John Lyons, Peadar Tóibín, Mick

Wallace.

3. AN BILLE UM CHAIDREAMH SAN ÁIT

OIBRE 2014.


bhreithniú.

3. WORKPLACE RELATIONS BILL 2014.


consideration.

(i) Alt 1.

Tairgeadh an Cheist:- “Go bhfanfaidh an

t-alt mar chuid den Bhille”.

(i) Section 1.

Question proposed:- “That the section

stand part of the Bill”.

Cuireadh an Cheist: rinne an Coiste vótáil:

Tá, 6; Níl, 1.

Question put: the Committee divided: For,

6; Against, 1.

Tá:- An tAire Post, Fiontar agus


Laoire, Mairsile Ní Chorcoráin-Cinnéide,


Seán Ó Laighin.

For:- Minister for Jobs, Enterprise and

Innovation, Deputies Dara Calleary,

Marcella Corcoran-Kennedy, Seán Kyne,

Anthony Lawlor, John Lyons.

Níl:- An Teachta Peadar Tóibín.

Against:- Deputy Peadar Tóibín.




accordingly.


4. PRIVATE SESSION.

235




dá réir sin.


private.


_______________


príobháideach.


session.


OIBRE 2014.



bhreithniú.


the Bill.

(i) Alt 2.



(i) Section 2.




“ “Act of 1994” means the Maternity Protection Act 1994;

“Act of 1995” means the Adoptive Leave Act 1995;”.



1.



6; Against, 1.





Seán Ó Laighin.









accordingly.






“ “Act of 2012” means the Protection of Employees (Temporary

Agency Work) Act 2012;”.



1.



6; Against, 1.









236

Seán Ó Laighin.





accordingly.

6. AN CRUINNIÚ AR FIONRAÍ.

6. MEETING SUSPENDED.

Ordaíodh: An Cruinniú a chur ar fionraí

anois go dtí 2.15p.m. (An Teachta

Mairsile Ní Chorcoráin-Cinnéide).

Cuireadh an Cruinniú ar fionraí dá réir sin

ar 2 p.m.

Ordered: That the Meeting be now

suspended until 2.15p.m. (Deputy

Marcella Corcoran-Kennedy).

The Meeting was accordingly suspended

at 2 p.m.

_______________

Ar 2:15 p.m athchromadh ar an gCruinniú.

The Meeting was resumed at 2:15 p.m.


OIBRE 2014.



bhreithniú.


the Bill.

(i) Alt 2. (i) Section 2.






“ “employee” and “employer” shall be construed in accordance with

section 3;”.



1.



6 ; Against, 1.


Nuálaíochta, na Teachtaí Áine Ní

Choileáin, Mairsile Ní Chorcoráin-

Cinnéide, Seán Ó Cadhain, Antóin Ó



Innovation, Deputies Áine Collins,



Níl:- An Teachta Peadar Tóibín.

Against:- Deputy Peadar Tóibín.




accordingly.


Tóibín):


Tóibín):

237


“ “worker” means, in relation to a relevant enactment, a worker within

the meaning of that enactment.”.



6.



1 ; Against, 6.

Tá:- An Teachta Peadar Tóibín.

For:- Deputy Peadar Tóibín.

Níl:- An tAire Post, Fiontar agus





Against:- Minister for Jobs, Enterprise and







accordingly.







dá réir sin.

8. PRIVATE SESSION.


private.


_______________


príobháideach.


session.


OIBRE 2014.



bhreithniú.


the Bill.

(i) Alt nua.



(i) New section.




“Construction of references to employer and employee

3. (1) For the purpose of the operation of this Act, and to the extent

only that this Act applies, in relation to a relevant enactment—

(a) references in this Act to employer shall be construed as references

to employer within the meaning of the relevant enactment concerned,

and

(b) references in this Act to employee shall be construed as references

to employee within such meaning.

238

(2) For the purpose of the operation of this Act, and to the extent only

that this Act applies, in relation to the Act of 1946, references in this

Act to employee shall be construed as references to worker within the

meaning of the Act of 1946.


that this Act applies, in relation to the Act of 1994, references in this

Act to employer shall be construed as references to relevant employer

within the meaning of the Act of 1994.


that this Act applies, in relation to the Act of 1995—


to relevant employer within the meaning of the Act of 1995, and


to adopting parent within such meaning.


that this Act applies, in relation to the Inland Fisheries Act 2010 (in

this subsection referred to as the “Act of 2010”), references in this Act

to employer shall be construed as references to IFI within the meaning

of the Act of 2010.


that this Act applies, in relation to the Act of 2012—

(a) references in this Act to employer shall be construed as including

references to hirer within the meaning of the Act of 2012, and

(b) references in this Act to employee shall be construed as including

references to agency worker within such meaning.


that this Act applies, in relation to the European Communities

(Organisation of Working Time) (Mobile Staff in Civil Aviation)

Regulations 2004 (S.I. No. 494 of 2004), references in this Act to

employee shall be construed as references to crew member within the

meaning of those Regulations.



(European Cooperative Society) (Employee Involvement) Regulations

2007 (S.I. No. 259 of 2007)—


to relevant undertaking within the meaning of those Regulations or

SCE within such meaning, as may be appropriate, and


to a person referred to in clause (a), (b), (c) or (d) of Regulation 20(1)

of those Regulations.


that this Act applies, in relation to the European Communities (Cross

Border Mergers) Regulations 2008 (S.I. No. 157 of 2008)—


to relevant company within the meaning of those Regulations, and


to a person referred to in clause (a), (b), (c) or (d) of Regulation 39(1)

of those Regulations.



(Working Conditions of Mobile Workers engaged in Interoperable

239

Cross Border Services in the Railway Sector) Regulations 2009 (S.I.

No. 377 of 2009), references in this Act to employee shall be construed

as references to mobile worker within the meaning of those

Regulations.


that this Act applies, in relation to the European Communities (Road

Transport) (Organisation of Working Time of Persons Performing

Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of

2012), references in this Act to employee shall be construed as

references to mobile worker within the meaning of those

Regulations.”.





(ii) Aontaíodh ailt 3 go 6, go huile.

(ii) Sections 3 to 6, inclusive, agreed to.

(iii) Alt nua.



(iii) New section.




“Repeal of enactments

7. (1) The enactments specified in column (3) of Schedule 2* are

repealed to the extent specified in column (4) of that Schedule.

(2) The repeals effected by subsection (1) shall not apply in respect of

complaints or disputes made, presented or referred to a rights

commissioner under an enactment specified in column (3) of Schedule

2* before the commencement of Part 4.

(3) The repeal of section 11 of the Act of 1973 effected by subsection

(1) shall not apply in relation to a dispute referred to the Employment

Appeals Tribunal under that Act before the commencement of Part 4.

(4) The repeal of section 11 of the Act of 1977 effected by subsection

(1) shall not apply in relation to a claim for redress under that Act

brought before the commencement of Part 4.

(5) This section shall come into operation upon the commencement of

Part 4.”.





(iv) Scriosadh alt 7.

(iv) Section 7 deleted.

(v) Aontaíodh ailt 8 go 18, go huile. (v) Sections 8 to 18, inclusive, agreed to.

(vi) Alt 19. (vi) Section 19.


Tóibín):


Tóibín):

9. In page 17, line 30, to delete “may” and substitute “shall”.


240


Tóibín):


Tóibín):

10. In page 17, line 31, after “appropriate” to insert “, including trade

unions and employer representative bodies,”.




(vii) Aontaíodh ailt 20 go 26, go huile. (vii) Sections 20 to 26, inclusive, agreed

to.

(viii) Alt 27.

(viii) Section 27.


Tóibín):


Tóibín):

11. In page 24, line 38, to delete “42 days” and substitute “14 days”.



6.



1; Against, 6.

Tá:- An Teachta Peadar Tóibín.

For:- Deputy Peadar Tóibín.













accordingly.


Section agreed to.

(ix) Alt nua.

(ix) New section.


Tóibín):


Tóibín):


“Liability of a company officer or officers for a breach of employment

law

28. Where a breach of employment law is committed by a body

corporate or by a company officer or officers acting on behalf of a

body corporate and is determined to have been so committed, with the

consent, connivance or approval of, or to have been attributable to any

neglect on the part of, a person or persons who, when the breach was

committed was a company officer or officers of the body corporate,



6.



2; Against, 6.

241


Peadar Tóibín.


Tóibín.













accordingly.


Section agreed to.

(x) Alt 29.



(x) Section 29.



14. In page 26, line 29, to delete “or deputy chairman” and substitute

“or a deputy chairman”.





(xi) Aontaíodh ailt 30 go 34, go huile. (xi) Sections 30 to 34, inclusive, agreed

to.

(xii) Alt 35.

(xii) Section 35.


Tóibín):


Tóibín ):

15. In page 30, line 12, to delete “42 days” and substitute “14 days”.







Tóibín):


Tóibín):

16. In page 30, line 14, to delete “€2,000” and substitute “€4,000”.




Section agreed to.

(xiii) Alt nua. (xiii) New section.





242


“Prosecution of offence under relevant enactments

36. (1) The power vested in the Minister under any relevant enactment

to bring and prosecute summary proceedings for an offence under that

enactment is transferred to the Commission.

(2) References in any enactment or instrument under an enactment to

the Minister in so far as they relate to a power transferred by this

section shall be construed as references to the Commission.”.


Scriosadh alt 36.

Section 36 deleted.

(xiv) Scriosadh alt 37. (xiv) Section 37 deleted.





dá réir sin.

10. PRIVATE SESSION.


private.


_______________


príobháideach.


session.


OIBRE 2014.



bhreithniú.


the Bill.

(i) Aontaíodh alt 38.

(i) Section 38 agreed to.

(ii) Alt nua.



(ii) New section.




“Case resolution without reference to adjudication officer

39. (1) (a) Subject to paragraph (b), the Director General may, where

he or she is of the opinion that the complaint or dispute is capable of

being resolved without being referred to an adjudication officer under

section 41, refer the complaint for resolution to a mediation officer.

(b) The Director General shall not refer a complaint or dispute for

resolution to a mediation officer if either of the parties to the complaint

or dispute objects to its being so referred.

(2) Where a complaint or dispute is referred for resolution under this

section the mediation officer concerned may—

(a) convene a meeting (in this section referred to as a “mediation

conference”) in accordance with subsection (3) for the purpose of

243

resolving the complaint or dispute, or

(b) employ such other means as he or she considers appropriate for the

purpose of resolving the dispute.

(3) A mediation conference shall—

(a) take place at a time and place determined by the mediation officer,

(b) be attended by the mediation officer and the parties to the

complaint concerned,

and

(c) be conducted otherwise than in public.

(4) Where a complaint or dispute referred to a mediation officer under

this section is resolved, whether by mediation or otherwise—

(a) the mediation officer concerned shall record in writing the terms of

the resolution,

(b) each of the parties to the complaint or dispute concerned shall, if

satisfied that it accurately represents the terms of the resolution, sign

the record thereof, and

(c) the mediation officer concerned shall send the record as so signed

to the Director General and give a copy thereof to each of the parties to

the complaint or dispute, as the case may be.

(5) (a) Where a mediation officer has attempted (whether by convening

a mediation conference or other means) to resolve a complaint or

dispute referred to him or her under this section and such conference or

the employment of those other means has not resulted in a resolution

of the complaint or dispute, the mediation officer shall notify the

parties to the complaint or dispute and the Director General in writing

of that fact.

(b) The Director General shall, upon receiving a notification under

paragraph (a),

refer the complaint or dispute concerned for adjudication by an

adjudication officer under section 41.

(6) The terms of a resolution of a complaint or dispute recorded in

writing and signed by the parties to the complaint or dispute in

accordance with subsection (5) shall be binding on the parties and if

either party contravenes any such term, the contravention shall be

actionable in any court of competent jurisdiction.

(7) The terms of a resolution referred to in subsection (5) shall not be

disclosed by a mediation officer or by either party to the complaint or

dispute concerned in any proceedings before a court (other than

proceedings in respect of the contravention of the terms of the

resolution), or otherwise.

(8) All communications (including communications during a mediation

conference) by a mediation officer with the parties to a complaint or

dispute referred for resolution under this section to him or her and all

records and notes, including records and notes relating to a mediation

conference held for the purposes of resolving any matter to which the

complaint or dispute concerned relates, shall be confidential and shall

not be disclosed in any proceedings before a court (other than

proceedings in respect of a contravention of the terms of a resolution

referred to in subsection (5)), or otherwise.

(9) In this section—

“complaint” means a complaint presented to the Director General

under section 41;

244

and

“dispute” means a dispute referred to the Director General under

section 41.”.





(iii) Aontaíodh alt39.

(iii) Section 39 agreed to.





dá réir sin.

12. PRIVATE SESSION.


private.


_______________


príobháideach.


session.


OIBRE 2014.



bhreithniú.


the Bill.

(i) Alt 40.


Tóibín):

(i) Section 40.


Tóibín):


“(c) Any person appointed as an adjudication officer immediately after

the commencement of this Part will be required to be adequately

trained in the area of equality legislation, in addition to all relevant

industrial relations and employment law.”.







“(9) A reference in any enactment to a rights commissioner shall be

construed as including a reference to an adjudication officer.”.





(ii) Alt 41.



(ii) Section 41.



245

23. In page 36, to delete lines 5 and 6.



Tóibín):


Tóibín):


“(iv) make a decision that a separate hearing for an employment

equality case is required, in addition to a general employment rights

decision,.”.




Tóibín):


Tóibín ):


“(iii) in relation to the disposal of goods and provision of services and

the disposal of premises and provision of accommodation as set out in

the Act of 2000.”.







Tóibín):


Tóibín):

28. In page 36, line 26, to delete “6 months” and substitute “2 years”.






29. In page 36, line 31, to delete “Adoptive Leave Act 1995” and

substitute “Act of 1995”.






31. In page 37, line 4, to delete “Maternity Protection Act 1994” and

substitute “Act of 1994”.







“(10) The Commission shall publish on the internet in such form and

in such manner as it considers appropriate every decision (other than

information that would identify the parties in relation to whom the

decision was made) of an adjudication officer under this section.”.

246







“(11) A complainant may, in proceedings before an adjudication

officer or the Labour Court in respect of a complaint presented, or

dispute referred, by the complainant under this Part, be accompanied

and represented by—

(a) a trade union official within the meaning of section 11 of the Act of

1990,

(b) an official of a body in respect of which the adjudication officer or

Labour Court, as the case may be, is satisfied represents the interests of

employers,

(c) a practising barrister or practising solicitor,

(d) in the case of a complainant who is less than 18 years of age, the

complainant’s

parent or guardian in addition to a person specified in paragraph (a),

(b) or (c),

and

(e) any other person with the permission of the adjudication officer or

Labour Court, as may be appropriate.”.





(iii) Aontaíodh alt 42. (iii) Section 42 agreed to.

(iv) Alt 43.



(iv) Section 43.




“(2) Upon the hearing of an application under this section in relation to

a decision of an adjudication officer requiring an employer to reinstate

or reengage an employee, the District Court may, instead of making an

order directing the employer to carry out the decision in accordance

with its terms, make an order directing the employer to pay to the

employee compensation of such amount as is just and equitable having

regard to all the circumstances but not exceeding 104 weeks’

remuneration in respect of the employee’s employment calculated in

accordance with regulations under section 17 of the Unfair Dismissals

Act 1977.”.





(v) Alt 44.


(v) Section 44.


247



40. In page 39, lines 38 and 39, to delete “affirming, varying or setting

aside that decision”.








“(3) Subject to subsection (4), a notice under subsection (2) shall be

given to the Labour Court not later than 42 days from the date of the

decision concerned.

(4) The Labour Court may direct that a notice under subsection (2)

may be given to it after the expiration of the period specified in

subsection (3) if it is satisfied that the notice was not so given before

such expiration due to the existence of exceptional circumstances.”.



Tóibín):


Tóibín ):

42. In page 40, line 10, after “Court” to insert “, an Adjudication

Officer, complainant, or respondent”.











“(10) Proceedings under this section before the Labour Court shall be

conducted in public.”.





(vi) Aontaíodh ailt 45 agus 46. (vi) Sections 45 and 46 agreed to.

(vii) Alt nua. (vii) New section.






“Appeal to High Court on point of law

47. A party to proceedings before the Labour Court under this Part

may, not later than 42 days from the service on that party of notice of

the decision of the Labour Court in those proceedings, appeal that

decision to the High Court on a point of law, and the decision of the

High Court in relation thereto shall be final and conclusive.”.

248





(viii) Scriosadh alt 47. (viii) Section 47 deleted.

(ix) Alt 48.

(ix) Section 48.


Tóibín):


Tóibín ):

45. In page 42, line 2, after “may,” to insert “in cases not relating to the

Act of 1998 or the Act of 2000,”.






Aontaíodh an t-alt. Section agreed to.

(x) Aontaíodh alt 49.

(x) Section 49 agreed to.

(xi) Alt nua.



(xi) New section.




“Provisions relating to winding up and bankruptcy

50. (1) (a) There shall be included among the debts that, under a

relevant provision are, in the distribution of the assets of a company

being wound up, to be paid in priority to all other debts, all

compensation payable under this Part by the company to an employee,

and the relevant provision shall have effect accordingly, and formal

proof of the debts to which priority is given under this subsection shall

not be required except in cases where provision is otherwise made in

relation thereto under the Act of 1963 or any enactment that repeals

that Act.

(b) In this subsection—

“Act of 1963” means the Companies Act 1963;

“relevant provision” means—

(i) section 285 of the Act of 1963, or

(ii) any provision—

(I) of an enactment that repeals that Act, and

(II) that makes provision in relation to the payment of debts in priority

to other debts in the distribution of the assets of a company that is

being wound up.

(2) There shall be included among the debts that, under section 81 of

the Bankruptcy Act 1988 are, in the distribution of the property of a

bankrupt or arranging debtor, to be paid in priority to all other debts,

all compensation payable under this Part by the bankrupt or arranging

debtor, as the case may be, to an employee, and that section shall have

effect accordingly, and formal proof of the debts to which priority is

249

given under this subsection shall not be required except in cases where

provision is otherwise made in relation thereto under that Act.”.





(xii) Aontaíodh alt 50. (xii) Section 50 agreed to.

(xiii) Alt nua.



(xiii) New section.




“Amendment of enactments

51. (1) The enactments specified in column (3) of Schedule 6 are

amended to the extent specified in column (4) of that Schedule.

(2) The amendments to the enactments specified in column (3) of

Schedule 6* shall not apply in relation to complaints or disputes made,

presented or referred to a rights commissioner under any such

enactment before the commencement of this Part.”.





(xiv) Scriosadh alt 51. (xiv) Section 51 deleted.

(xv) Alt nua.



(xv) New section.




“Certain decisions and recommendations of rights commissioners

appealable to Labour

Court under section 44

52. (1) Where a decision or recommendation in relation to a complaint

or dispute to which subsection (2) of section 7* applies was made by a

rights commissioner before the commencement of Part 4 and no

appeal was brought from the decision or recommendation before such

commencement, the decision or recommendation shall be appealable to

the Labour Court under section 44 as if the decision or

recommendation were a decision of an adjudication officer under

section 41.

(2) Where a decision or recommendation in relation to a complaint or

dispute to which subsection (2) of section 7 applies was not made

before the commencement of Part 4, any decision or recommendation

made by a rights commissioner in relation to the complaint or dispute

after such commencement shall be appealable to the Labour Court

under section 44 as if the decision were a decision of an adjudication

officer under section 41.”.





250

(xvi) Aontaíodh ailt 52 go 68, go huile. (xvi) Sections 52 to 68, inclusive, agreed

to.

(xvii) Alt nua.



(xvii) New section.




“Fees

69. The Minister may, in respect of—

(a) such services provided by the Commission as may be prescribed,

and

(b) such services provided by the Labour Court as may be prescribed,

charge the recipient of any such service a fee for the purpose of

defraying the cost of the provision of that service by the Commission

or the Labour Court, as the case may be.”.



(xviii) Scriosadh alt 69.



(xviii) Section 69 deleted.

(xix) Aontaíodh ailt 70 go 72, go huile.

(xix) Sections 70 to 72, inclusive, agreed

to.

(xx) Alt 73. (xx) Section 73.






“(3A) The person who immediately before the commencement of

section 73 of the Workplace Relations Act 2014 stood appointed as

chairman shall, from such commencement, continue to be chairman for

the unexpired period of the term of his appointment subject to the same

terms and conditions as applied to his appointment immediately before

such commencement.”.







“(d) the insertion of the following subsections:

“(4A) (a) A person who, immediately before the commencement of

section 73 of the Workplace Relations Act 2014, stood appointed as a

workers’ member of the Court shall, from such commencement,

continue to be a workers’ member of the Court for the unexpired

period of the term of his appointment subject to the same terms and

conditions as applied to his appointment immediately before such

commencement.

(b) A person who, immediately before the commencement of section

251

73 of the Workplace Relations Act 2014, stood appointed as an

employers’ member of the Court shall, from such commencement,

continue to be an employers’ member of the Court for the unexpired

period of the term of his appointment subject to the same terms and

conditions as applied to his appointment immediately before such

commencement.

(4B) (a) The Minister may, after consultation with the designated body

concerned, reappoint a person whose term of office as a workers’

member of the Court expires by the efflux of time to be a workers’

member of the Court.

(b) The Minister may, after consultation with the designated body

concerned, reappoint a person whose term of office as an employers’

member of the Court expires by the efflux of time to be an employers’

member of the Court.

(4C) Where a person—

(a) appointed under subsection (4) to be a member of the Court,

(b) who continues to be a member of the Court by virtue of subsection

(4A), or

(c) reappointed in accordance with subsection (4B) to be a member of

the Court, is, for whatever reason, unable to perform his functions as

such member and the Minister is of the opinion that his inability to so

perform his functions would unduly disrupt the performance by the

Court or a division of the Court of its functions, a temporary vacancy

in the membership of the Court shall be deemed to exist and the

Minister may, after consultation with the designated body that

nominated the person under that subsection, appoint a person to fill

that temporary vacancy subject to such terms and conditions as the

Minister shall determine.”.”.





(xxi) Alt 74. (xxi) Section 74.





52. In page 52, line 35, to delete “modifications.”.” and substitute

“modifications.”, and”.







“(e) the substitution of the following section for section 40 (inserted by

section 9 of the Act of 1967):


40. A party to proceedings before the Labour Court under this Part




252

High Court in relation thereto shall be final and conclusive.”.”.







“(a) an appeal to the Employment Appeals Tribunal under subsection

(15) of section 39 of that Act brought before the commencement of this

section, or”.





(xxii) Aontaíodh ailt 75 agus 76. (xxii) Sections 75 and 76 agreed to.

(xxiii) Alt 77. (xxiii) Section 77.






“ “(1A) A person who immediately before the commencement of

section 77 of the Workplace Relations Act 2014 stood appointed as

deputy chairman shall, from such commencement, continue to be

deputy chairman for the unexpired period of the term of his

appointment subject to the same terms and conditions as applied to his

appointment immediately before such commencement.”.








“(c) the substitution of the following subsection for subsection (2):

“(2) (a) The Minister may designate a deputy chairman to perform the

functions of the chairman in the absence of the chairman or where the

office of chairman is vacant, and a deputy chairman so designated shall

in such absence or upon such position becoming vacant perform those

functions.

(b) References in any enactment shall, for the purposes of the

performance of the functions of chairman by a deputy chairman

designated under paragraph (a), include references to that deputy

chairman.

(c) A person who, immediately before the commencement of section

77 of the Workplace Relations Act 2014, stood appointed under

subsection (1) shall be deemed to have been designated under

paragraph (a).”,

(d) the deletion of subsections (3) and (4), and”.


253











58. In page 54, line 10, to delete “Court.”,” and substitute “Court.”.”.











(xxiv) Alt 78. (xxiv) Section 78.





60. In page 54, lines 34 and 35, to delete “and paragraph (b) of

subsection (3)”.






61. In page 54, line 36, to delete “subsections (5), (9) and (10)” and

substitute “subsections (3), (5),

(9) and (10)”.







“(iii) by the substitution of “decision of an adjudication officer” for

“recommendation of a rights commissioner” in paragraph (a) of

subsection (1A),”.






63. In page 56, line 31, to delete “to that” and substitute “in relation to

that”.


254











65. In page 57, line 22, to delete “section 9.” and substitute “section 9,

and”.







“(f) the insertion of the following section:


10A. A party to proceedings before the Labour Court under this Act




High Court in relation thereto shall be final and conclusive.”.”.







“(2) The amendments to the Act of 1977 effected by this section shall

not apply in relation to a claim for redress under that Act brought

before the commencement of this section.”.





(xxv) Alt nua.



(xxv) New section.




“Amendment of Protection of Employees (Employers’ Insolvency)

Act 1984

79. (1) Section 1 of the Act of 1984 is amended, in subsection (1), by

the insertion of the following definition:

“ ‘Act of 2014’ means the Workplace Relations Act 2014;”.

(2) Section 6 of the Act of 1984 is amended—

(a) in subparagraph (xxx) of paragraph (a) of subsection (2), by the

deletion of “and” after “that Schedule,”,

255

(b) in subparagraph (xxxi) of that paragraph, by the substitution of

“that Schedule, and” for “that Schedule.”,

(c) by the insertion of the following subparagraph after subparagraph

(xxxi) (inserted by paragraph 6 of Schedule 2 of the Protected

Disclosures Act 2014) in paragraph

(a): “(xxxii) any amount that an employer within the meaning of the

Act of 2014 is required to pay by virtue of a decision of an adjudication

officer or the Labour Court under Part 4 of that Act.”,

(d) in paragraph (b) of subsection (2), by the substitution of “, (xxxi) or

(xxxii)” for “or (xxxi)”,

(e) in paragraph (c) of subsection (2), by the substitution of “, (xxxi) or

(xxxii)” for “or (xxxi)”, and

(f) in the definition of “relevant date” in subsection (9), by the

substitution of “, (xxxi) or (xxxii)” for “or (xxxi)”.

(3) Section 9 of the Act of 1984 is amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) A person who has applied for a payment—

(a) under section 6 of a debt described in subparagraph (i), (ii) or (iv)

of subsection (2)(a) of that section, or (b) to be made under section 7 of

this Act into the resources of a pension scheme, may present a

complaint to the Director General that—

(i) the Minister has failed to make such payment, or

(ii) any such payment made by the Minister is less than the amount that

the Minister is required to pay under section 6 or 7, as may be

appropriate.”,

(b) the insertion of the following subsections:

“(1A) The Director General shall refer a complaint presented to him or

her under subsection (1) for adjudication by an adjudication officer.

(1B) An adjudication officer shall not entertain a complaint referred to

him or her under this section if it has been presented to the Director

General after the expiration of the period of 6 months beginning on the

date of the decision by the Minister in relation to the application to

which the complaint relates.

(1C) An adjudication officer may entertain a complaint or dispute to

which this section applies presented to the Director General after the

expiration of the period referred to in subsection (3) (but not later than

6 months after such expiration) if he or she is satisfied that the failure

to present the complaint within that period was due to reasonable

cause.”,

(c) the substitution of the following subsection for subsection (3):

“(3) Where a claim for payment is made under section 6 or 7 and it

appears to the Minister that a doubt exists as to whether or not such

claim is allowable (in whole or in part), he may refer any matter arising

in connection with the claim to the Director General, and the Director

General shall refer the matter for adjudication by an adjudication

officer.”,

(d) the substitution, in subsection (4), of “adjudication officer” for

“Tribunal” and “he” for “it”,

(e) the insertion of the following subsection:


‘adjudication officer’ has the same meaning as it has in the Act of

2014; and ‘Director General’ means the Director General of the

256

Workplace Relations Commission.”,

and

(f) the deletion of subsections (2) and (5).

(4) The following section is inserted in the Act of 1984:

“Appeal to Labour Court from declaration of adjudication officer

under

section 9

9A. Section 44 of the Act of 2014 shall apply to a decision of an

adjudication officer given in relation to a complaint under section 9 as

it applies to a decision of an adjudication officer given in proceedings

under section 41 of that Act, subject to the following modifications:

(a) the reference in subsection (1) of the said section 44 to—

(i) proceedings under section 41 shall be construed as a reference to a

complaint under section 9 of this Act,

(ii) those proceedings shall be construed as a reference in relation to

that complaint;

and

(b) any other necessary modifications.”.

(5) In this section “Act of 1984” means the Protection of Employees

(Employers’ Insolvency) Act 1984.”.





(xxvi) Aontaíodh alt 79. (xxvi) Section 79 agreed to.

(xxvii) Alt 80. (xxvii) Section 80.





70. In page 58, line 11, to delete “subsection (4)” and substitute

“subsection (4B)”.






71. In page 58, line 12, to delete “section 75” and substitute “section

78”.






72. In page 58, line 13, to delete “75. Section” and substitute the

following:

“78. Section”.






257

73. In page 58, line 14, to delete “under this Act” and substitute “under

section 77 of this Act”.






74. In page 58, lines 16 and 17, to delete “that Act” and substitute “the

Act of 2014”.






75. In page 58, to delete line 38, and in page 59, to delete lines 1 to 3

and substitute the following:

“ “91. (1)Section 43 of the Act of 2014 shall apply to a decision of the

Director General of the Workplace Relations Commission under

section 79 as it applies to a decision of an adjudication officer under

section 41 of that Act, subject to—”.







“(iii) references to decision of an adjudication officer shall be

construed as references to decision of the Director General of the

Workplace Relations Commission under section 79 of this Act;

(iv) the reference to decision of an adjudication officer under that

section shall be construed as a reference to decision of the Director

General of the Workplace Relations Commission under section 79 of

this Act; and

(v) references to employee shall be construed as references to

complainant within the meaning of Part VII of the Act of 1998 and

references to employer shall be construed as references to respondent

within such meaning.

(2) Section 45 of the Act of 2014 shall apply to a decision of the

Labour Court under section 44 of that Act upon an appeal from a

decision of the Director General of the Workplace Relations

Commission under section 79 subject to the modification that the

following paragraph is substituted for paragraph (b) of subsection (1):

‘(b) on application to it in that behalf, with the consent of the

complainant, by the Equality Authority,’.”,”.








258





78. In page 59, line 30, to delete “ “Minister”.” and substitute “

“Minister”, and”.







“(m) in section 103, by—

(i) the substitution, in subsection (1), of “under this Part or section 44

of the Act of 2014 in accordance with section 83” for “under this Part”,

(ii) the substitution, in subsection (1), of “under this Part or under

section 44 of the Act of 2014 in accordance with section 83” for “under

this Part”,

(iii) the deletion of paragraphs (a) and (d) of subsection (3), and

(iv) the substitution of the following paragraph for paragraph (c):

“(c) a decision under section 44 of the Act of 2014 to which section 83

applies.”.”.





(xxviii) Alt 81. (xxviii) Section 81.






“(g) in section 31, by the substitution of “District Court” for “Circuit

Court” in each place that it occurs,

(h) in subsection (1) of section 32, by the substitution of “District

Court” for “Circuit Court”,”.







“ “31. Section 43 of the Act of 2014 shall apply to a decision under

section 25 in relation to a case referred to the Director General of the

Workplace Relations Commission under section 21 as it applies to a

decision of an adjudication officer under the said section 41, subject

to—”.






82. In page 60, line 30, to delete “(a) on” and substitute “(b) on”.

259





(xxix) Aontaíodh alt 82. (xxix) Section 82 agreed to.

(xxx) Aontaíodh Sceideal 1. (xxx) Schedule 1 agreed to.

(xxxi) Sceideal 2.



(xxxi) Schedule 2.




to 34 and substitute the

following:

“REPEAL OF ENACTMENTS

Part 1

ACTS OF THE OIREACHTAS

Reference (1) Number and Year (2) Short title(3) Extent of Repeal(4)

1. No. 26 of 1946 Industrial Relations

Act 1946

Sections 45C, 45D

and 45E


Act 1969

Section 13(1), (4),

(5) and (7)

3. No. 4 of 1973 Minimum Notice and

Terms of

Employment Act

1973

Sections 11 and 13

4. No. 25 of 1991 Payment of Wages

Act 1991

Sections 8 and 9

5. No. 5 of 1994 Terms of

Employment (Infor-

mation) Act 1994

Sections 6A, 9 and

10

6. No. 34 of 1994 Maternity Protection

Act 1994

Part V(other than

sections 30(1), (2),

(3), (5) and (6), 32

and 33A)

7. No. 2 of 1995 Adoptive Leave Act

1995

Part V(other than

sections 31, 32(1),

(2) and (4) and 33)

8. No. 16 of 1996 Protection of Young

Persons

(Employment) Act

1996

Sections 20, 21 and

22

9. No. 20 of 1997 Organisation of

Working Time Act

1997

Sections 8, 27 (other

than subsections (1)

and (3)), 29, 30 and

31

10. No. 30 of 1998 Parental Leave Act

1998

Part IV(other than

sections 18(1) and

(2) and 21), 27(5)

260

11. No. 49 of 1998 Protections for

Persons Reporting

Child Abuse Act

1998

Section 4(7)

12. No. 5 of 2000 National Minimum

Wage Act 2000

Part 5 (other than

sections 24, 25, 26,

29, 34, 35, 36, 37,

38, 39 and 40)

13. No. 19 of 2001 Carer’s Leave Act

2001

Part 4 (other than

sections 17, 18 and

21) and sections 25

and 32

14. No. 27 of 2001 Prevention of

Corruption

(Amendment) Act

2001

Schedule 1 (other

than paragraphs 1(1)

and (3), 2 and 3(7)

and (8))

15. No. 45 of 2001 Protection of

Employees (Part-

Time Work) Act

2001

Section 18

16. No. 14 of 2002 Competition Act

2002

Schedule 3 (other

than paragraphs 2, 3

and 5)


Employees (Fixed-

Term Work) Act

2003

Part 3 (other than

sections 14 and 15)


(Miscellaneous

Provisions) Act 2004

Sections 9 (other

than subsections (5)

and (10)), 11, 12 and

13

19. No. 42 of 2004 Health Act 2004 Sections 55M (other

than subsections (1),

(1A), (2), (3), (4), (6)

and (11)), 55N, 55O

and 55P

20. No. 10 of 2005 Safety, Health and

Welfare at Work Act

2005

Sections 30 and 31

21. No. 9 of 2006 Employees

(Provision of

Information and

Consultation) Act

2006

Paragraph 3 of

Schedule 3

22. No. 16 of 2006 Employment Permits

Act 2006

Schedule 2 (other

than paragraphs 1, 2,

5 and 6)

23. No. 19 of 2007 Consumer Protection

Act 2007

Paragraph 3 of

Schedule 6

24. No. 13 of 2008 Chemicals Act 2008 Section 26 (other

than subsections (1),

(1A), (2), (3), (5) and

(7))

261

25. No. 6 of 2009 Charities Act 2009 Section 62(4), (6),

(7) and (8)

26. No. 34 of 2009 National Asset

Management Agency

Act 2009

Schedule 2 (other

than paragraphs 1

and 2)

27. No. 10 of 2010 Inland Fisheries Act

2010

Schedule 4 (other

than paragraphs 1

and 2)

28. No. 22 of 2011 Criminal Justice Act

2011

Schedule 2 (other

than paragraphs 1

and 2)

29. No. 40 of 2011 Property Services

(Regulation) Act

2011

Schedule 4 (other


and 3(7) and (8))


Employees

(Temporary Agency

Work) Act 2012

Schedule 2 (other


and 6)

31. No. 25 of 2013 Further Education

and Training Act

2013

Schedule (other than

paragraphs 1 and 2)

32. No. 26 of 2013 Central Bank

(Supervision and

Enforcement) Act

2013

Schedule 5 (other

than paragraphs 1

and 2)

33. No. 14 of 2014 Protected

Disclosures Act 2014

Schedule 2 (other

than paragraphs 1

and 2)

Part 2

Statutory Instruments

Reference (1) Number and Year (2) Short title(3) Extent of Repeal(4)

1. S.I. No. 488 of 2000 European

Communities

(Protection of

Employment)

Regulations 2000

Regulation 6


Communities

(Protection of

Employees on

Transfer of

Undertakings)

Regulations 2003

Regulations 12, 13

and 14

3. S.I No. 507 of 2006 European

Communities (Or-

ganisation of

Working Time)

(Mobile Staff in Civil

Aviation)

Regulations 2006

Regulation 17

262

4 S.I. No. 259 of 2007 European

Communities (Eu-

ropean Cooperative

Society) (Employee

Involvement) Regu-

lations 2007

Paragraph 4 of

Schedule 2


Communities

(Occurrence

Reporting in Civil

Aviation)

Regulations 2007

Paragraphs 3 and 4

of Schedule 4


Communities (Cross

Border Mergers)

Regulations 2008

Paragraph 4 of

Schedule 2


Communities (Work-

ing Conditions of

Mobile Workers

Engaged in

Interoperable Cross

Border Services in

the Railway Sector)

Regulations 2009

Regulation 10


Communities (Road

Transport)

(Organisation of

Working Time of

Persons Performing

Mobile Road

Transport Activities)

Regulations 2012

Regulations 20, 21

and 22

”.


Aontaíodh an Sceideal, mar a leasaíodh.


Schedule, as amended, agreed to.

(xxxii) Aontaíodh Sceideal 3. (xxxii)Schedule 3 agreed to.

(xxxiii) Sceideal 4.



(xxxiii) Schedule 4.



84. In page 70, to delete lines 10 to 12 and substitute the

following:

No. 20

of 1997

Organisation of

Working Time Act

1997

Sections 6(2), 11, 12, 13, 14(1),

15(1), 16(1), 17, 18, 19(1), 21, 22,

23(1) and (2), and 33(1)





263

(xxxiv) Sceideal 5.



(xxxiv) Schedule 5.




“1. Section 4(2) or 5 of the Minimum Notice and Terms of

Employment Act 1973”.






86. In page 71, line 9, to delete “, 14, 15, 16”.







“5. Section 17 of the Transnational Information and Consultation of

Employees Act 1996

6. A relevant provision within the meaning of section 27 of the

Organisation of Working Time Act 1997”.



Tóibín):


Tóibín):


“7. Section 77 of the Employment Equality Act 1998

8. Section 21 of the Equal Status Act 2000”.










89. In page 71, line 15, to delete “, 10, 12, 13, 14”.












264


“12. Section 8 of the Industrial Relations (Miscellaneous Provisions)

Act 2004”.







“14. Section 26(3) of the Employment Permits Act 2006

15. Section 13 of the Employees (Provision of Information and

Consultation) Act 2006”.







“16. Section 62(1) of the Charities Act 2009”.






94. In page 71, line 30, to delete “Section 35” and substitute “Section

35(1)”.







“22. Section 41(1) of the Central Bank (Supervision and Enforcement)

Act 2013

23. Section 12(1) of the Protected Disclosures Act 2014”.






96. In page 72, to delete line 7 and 8.







“7. European Communities (Occurrence Reporting in Civil Aviation)

Regulation 2007”.


Tairgeadh leasú (An tAire Post, Fiontar Amendment proposed (Minister for Jobs,

265




“9. An employment regulation order under section 42C (inserted by

section 12 of the Industrial Relations (Amendment) Act 2012) of the

Industrial Relations Act 1946.”.







“1. Section 4(2) or 5 of the Minimum Notice and Terms of

Employment Act 1973”.







“6. Protection of Employees (Fixed-Term Work) Act 2003”.





(xxxv) Sceideal Nua. (xxxv) New Schedule.





101. In page 73, before line 1, to insert the following:

“SCHEDULE 6

Section 51

Part 1

Amendment of Acts of the Oireachtas

Reference(1) Number and Year(2) Short title(3) Extent of Amendment(4)

1. No. 26 of 1946 Industrial

Relations Act

1946

The following section is

substituted for section

45A:

“Decision of adjudication

officer under

section 41 of Workplace

Relations Act 2014

45A. A decision of an

adjudication officer

under section 41 of the

Workplace

Relations Act 2014 in relation

266

to a

complaint of a contravention

of an

employment regulation order

in relation to

a worker shall do one or more

of the

following, namely—

(a) declare that the complaint

was or,

as the case may be, was not

well

founded,

(b) require the employer to

comply

with the employment

regulation

order, or

(c) require the employer to

pay to the

worker compensation of such

amount (if any) as the

adjudication

officer considers just and

equitable

having regard to all the

circumstances, but not

exceeding 2

years’ remuneration in

respect of

the worker’s employment

calculated in accordance with

regulations under section 17

of the

Unfair Dismissals Act 1977,

and the references in

paragraphs (b) and

(c) to an employer shall be

construed, in a

case where ownership of the

business of

the employer changes after

the

contravention to which the

complaint

relates occurred, as references

to the person who, by virtue

of the change,

becomes entitled to such

ownership.”.



267

45B:

“Decision of Labour Court

on appeal from

decision referred to in

section 45A

45B. A decision of the

Labour Court under

section 44 of the Workplace

Relations Act

2014, on appeal from a

decision of an

adjudication officer referred

to in section

45A, shall affirm, vary or set

aside the

decision of the adjudication

officer.”.

2. No. 4 of

1973

Minimum

Notice and

Terms of

Employment

Act 1973



12:


officer under


Relations Act 2014

12. (1) A decision of an



Workplace


to a


of section

4(2) or 5 may, where the

adjudication

officer finds that that section

was

contravened by the employer

in

relation to the employee who

presented

the complaint, include a

direction that

the employer concerned pay

to the

employee compensation for

any loss

sustained by the employee by

reason of

the contravention.

(2) A decision of an



268

Workplace


to a

dispute as to the entitlements

of an

employer under section 6

may include

such directions as the

adjudication

officer considers

appropriate.”.


inserted:


on appeal from


section 12

12A. A decision of the

Labour Court under


Relations Act


decision of an


to in section

12, shall affirm, vary or set

aside the


officer.”.

3. No. 7 of

1977

Protection of

Employment

Act 1977

The following sections are

inserted in Part II:


officer under


Relations Act 2014




Workplace


to a


of section 9

or 10 shall do one or more of

the



is or, as

the case may be, is not well

founded,


comply

269

with the provision of the Act

of

1977 concerned and, for that

purpose, to take a specified

course

of action,


pay to the

employee compensation of

such

amount (if any) as is just and

equitable having regard to all

of

the circumstances, but not

exceeding 4 weeks

remuneration

in respect of the employee’s

employment calculated in

accordance with regulations

under

section 17 of the Unfair

Dismissals Act 1977 (No. 10

of

1977),

and the references in this

paragraph to an

employer shall be construed,

in a case

where ownership of the

business or part of

the business of the employer

changes after the


complaint

relates occurred, as references

to the

person who, by virtue of the

change,


ownership.

Decision of Labour Court

on appeal from


section 11A


Labour Court under


Relations Act


decision of an


to in section

270


aside the


officer.”.

4. No. 25 of 1991 Payment of

Wages Act

1991



6:


officer under


Relations Act 2014




Workplace

Relations Act 2014, in

relation to a


of section

5 as respects a deduction

made by an

employer from the wages of

an

employee or the receipt from

an

employee by an employer of

a

payment, that the complaint

is, in

whole or in part, well

founded as

respects the deduction or

payment shall

include a direction to the

employer to

pay to the employee

compensation of

such amount (if any) as he

considers

reasonable in the

circumstances not

exceeding—

(a) the net amount of the

wages (after

the making of any lawful

deduction therefrom) that—

(i) in case the complaint

related

to a deduction, would have

been paid to the employee in

respect of the week

immediately preceding the

271

5. No. 5 of 1994 Terms of

Employment

(Information)

Act 1994



7:

“Complaint to adjudication

officer under


Relations Act 2014

7. (1) An employee shall not

be entitled to

present a complaint under

section 41 of

the Workplace Relations Act

2014 in

respect of a contravention of

section 3,

4, 5 or 6, if the employer

concerned

has—

(a) complied with a direction

under

section 6A in relation to the

contravention, or

(b) been given a direction

under that

section in relation to the

contravention and the period

specified in the direction

within

which he or she is required to

comply with the direction has

not

yet expired.




Workplace


to a


of section

3, 4, 5 or 6 shall do one or

more of the



was or,


well

founded,

(b) either—

(i) confirm all or any of the

particulars contained or

referred to in any statement

272

furnished by the employer

under section 3, 4, 5 or 6, or

(ii) alter or add to any such

statement for the purpose of

correcting any inaccuracy or

omission in the statement and

the statement as so altered or

added to shall be deemed to

employee by the employer,


give or

cause to be given to the

employee

concerned a written statement

containing such particulars as

may

be specified by the

adjudication

officer,

(d) order the employer to pay

to the


such


adjudication


equitable



exceeding 4

weeks remuneration in

respect of

the employee’s employment



of the

Unfair Dismissals Act 1977,

and the references in the

foregoing

paragraphs to an employer

shall be

construed, in a case where

ownership

of the business of the

employer

changes after the

contravention to

which the complaint relates

occurs, as

references to the person who,

by virtue

of the change, becomes

273

entitled to such

ownership.”.



8:


on appeal from


section 7

8. A decision of the Labour

Court under


Relations Act


decision of an


to in section


aside the


officer.”.

6. No. 34 of 1994 Maternity

Protection Act

1994

The following subsection is

substituted for

subsection (1) of section 30:

“(1) This Part does not apply

to a dispute relating to—

(a) the dismissal of an

employee, or

(b) a matter that is within the

competence of the Authority

under

the 1989 Act.”.



32:

“Decision under section 41

or 44 of Workplace

Relations Act 2014




Workplace


to a

dispute between an employee

and the

relevant employer relating to

any

entitlement of the employee

under Part

II, III or IV (or any matter

arising out

274

of or related to such

entitlement) may

include such directions to the

parties to

the dispute as the


considers necessary or

expedient for

the resolution of the dispute,

and if the

decision is in favour of the

employee

then, without prejudice to the

power to

give such directions, the

adjudication

officer may order—

(a) the grant of leave to the

employee

for such period as may be so

specified,

(b) an award of compensation

(in

favour of the employee to be

paid

by the relevant employer) of

such

amount, not exceeding 20

weeks’

remuneration in respect of the

employee’s employment

calculated in such manner as

may

be prescribed, as the

adjudication


equitable

having regard to all of the

circumstances, or

(c) both such grant and such

award.

(2) A decision of the Labour

Court under section 44 of the

Workplace Relations

Act 2014 on appeal from a

decision

referred to in subsection (1)

may

include such directions to the

parties to

the appeal as the Labour

Court

275


expedient for

the resolution of the matter,

and if the

decision is in favour of the

employee

then, without prejudice to the

power to

give such directions, the

Labour Court

may order—

(a) the grant of leave for such

period

as may be so specified,


(in

favour of the employee to be

paid

by the relevant employer) of

such


weeks’



calculated in such manner as

may

be prescribed, as the Labour

Court

considers just and equitable

having regard to all of the

circumstances, or


award.

(3) In this section

‘remuneration’ includes

allowances in the nature of

pay and

benefits in lieu of or in

addition to

pay.”.

Section 33A(1) is amended,

in the definition of

“proceedings” by—

(a) the substitution, in

paragraph (a),

of “Part 4 of the Workplace

Relations Act 2014” for “this

Part”,

(b) the deletion, in paragraph

(b), of

“or the Circuit Court”,

(c) the substitution of

276

“adjudication

officer” for “rights

commissioner”

in each place that it occurs,

and

(d) the substitution of

“Labour Court”

for “Tribunal” in each place

that it

occurs.

7. No. 2 of 1995 Adoptive Leave

Act 1995


substituted for



to—

(a) a dispute in relation to a

dismissal,

including a dismissal within

the

meaning of the Act of 1977,

or the

termination of a contract of

employment,

(b) a claim under Part IV of

the Act of

1967 as extended by section

29, or

(c) a dispute under section 11

of the

Minimum Notice and Terms

of

Employment Act 1973 as

extended

by section 30.”.



33:


or 44 of Workplace

Relations Act 2014




Workplace


to a

dispute between an adopting

parent

and the relevant employer

relating to

the adopting parent’s

entitlements

277

under this Act or any matter

in

connection with such

entitlements may

include—

(a) such directions to the

parties to the

complaint as the adjudication

officer considers necessary or

expedient for the resolution

of the

matter, and


(in

favour of the adopting parent

to be

paid by the employer) of such


weeks’


adopting parent’s

employment



as

the adjudication officer

considers

just and equitable having

regard to all of the

circumstances.


Court under


Relations


decision of

an adjudication officer

referred to in

subsection (1) may include—

(a) such directions to the

parties to the

complaint as the Labour

Court


expedient

for the resolution of the

matter,

and


(in

favour of the adopting parent

to be

278

paid by the employer) of such


weeks’


adopting parent’s

employment



as

the Labour Court considers

just

and equitable having regard

to all

of the circumstances.

(3) In this section



pay and


addition to

pay.”.


Young Persons

(Employment)

Act 1996



18:


officer under


Relations Act 2014

18. A decision of an



Workplace


to a


of section 13


the



was or,


well

founded,

(b) order the employer to take

a

specified course of action, (c)

order the employer to pay to

the


such


279


the

circumstances,


foregoing


shall be


ownership of


changes after

the contravention to which

the complaint

relates occurs, as references

to the person

who, by virtue of the change,

becomes

entitled to such ownership.”.



19:


on appeal from


section 18


Court under


Relations Act


decision of an


to in section


aside the


officer.”.

9. No. 20 of 1996 Transnational

Information

and

Consultation of

Employees Act

1996


inserted:


officer under


Relations Act 2014




Workplace


to a


of section 17

shall do one or more of the

280

following,

namely—


was or,


well

founded,

(b) order the employer to take

a

specified course of action,

(c) order the employer to pay

to the


such amount (if any) as the

adjudication


equitable


circumstances,


foregoing


shall be


ownership of


changes after


the complaint


to the person


becomes



inserted:


on appeal from


section 17A


Labour Court under


Relations Act


decision of an


to in section


aside the


officer.”.

281

10. No. 20 of 1997 Organisation of

Working Time

Act 1997

Section 27 is amended by the

substitution of

the following subsection for

subsection (3):

“(3) A decision of an



Workplace


to a


of a

relevant provision shall do

one or more

of the following, namely—


was or,


well

founded,


comply

with the relevant provision,


pay to the


such



the


exceeding 2


respect of

the employee’s employment,


foregoing


shall be


ownership


employer

changes after the

contravention to

which the complaint relates

occurs, as


by virtue

of the change, becomes

entitled to such

ownership.”.

282



28:


on appeal from


section 27(3)


Court under


Relations Act

2014 on appeal from a

decision of an


to in

subsection (3) of section 27

shall affirm,

vary or set aside the decision

of the

adjudication officer.”.

11. No. 30 of 1998 Parental Leave

Act 1998

Section 18 is amended by the

substitution of

the following subsection for

subsection (2):


to a dispute—

(a) relating to a dismissal

from

employment, including a

dismissal

within the meaning of the

Unfair

Dismissals Acts 1977 to

2007,

(b) consisting of a question to

which

section 39(15) of the

Redundancy

Payments Act 1967, applies,

or

(c) a dispute to which section

11 of

the Minimum Notice and

Terms of

Employment Act 1973

applies.”.



21:


or 44 of Workplace

Relations Act 2014

283




Workplace Relations Act

2014 in relation to a


of this

Act or a decision of the

Labour Court

under section 44 of the said

Workplace

Relations Act 2014 on appeal

from the

first-mentioned decision, may

contain

such directions to the parties

concerned as the adjudication

officer

or the Labour Court, as the

case may

be, considers necessary or

expedient

for the resolution of the

matter and

such other redress as the

adjudication

officer or the Labour Court,

as the case

may be, considers appropriate

having

regard to all of the

circumstances and

the provisions of this Act, and

accordingly may specify—

(a) the grant to the employee

of

parental leave of such length

to be

taken at such time or times

and in

such manner as may be so

specified,


in

favour of the employee

concerned

to be paid by the employer

concerned, or

(c) both a grant referred to in

paragraph (a) and an award

referred to in paragraph (b).

(2) An award of

284

compensation referred to

in subsection (1)(b) shall be

of such

amount as the adjudication

officer or

the Labour Court, as the case

may be,


having

regard to all the

circumstances but

shall not exceed 20 weeks’



calculated in

such manner as may be

prescribed.


adjudication officer or

the Labour Court referred to

in

subsection (1) may, if the

adjudication

officer or the Labour Court,

as the case

may be, considers it

reasonable having regard to

the illness or other incapacity

of the employee concerned or

any

other circumstance, include a

direction

that parental leave be taken at

a time

that does not accord with

section 6(3).

(4) Without prejudice to the

generality of

subsections (1) and (2), a

decision of

an adjudication officer under

section

41 of the Workplace

Relations Act


complaint of a

contravention of this Act may

contain a

direction that the

commencement of

parental leave be postponed

for a

285

specified period (whether or

not being

the period specified in the

relevant

notice under section 11(1)),

provided

that the adjudication officer—

(a) is satisfied that the taking

of such

leave at the time specified in

the

notice under section 8(1)

concerned would have a

substantially adverse effect

by

reason of any of the matters

specified in section 11(1), and

(b) considers that it is

reasonable to

give such a direction in the

circumstances.


generality of


decision of

the Labour Court under

section 44 of


2014 on

appeal from a decision of an


to in

subsection (1) may contain a

direction

that the commencement of

parental

leave be postponed for a

specified

period (whether or not being

the period

specified in the relevant

notice under

section 11(1)), provided that

the

Labour Court—

(a) is satisfied that the taking

of such

leave at the time specified in

the

notice under section 8(1)

concerned would have a

substantially adverse effect

286

by

reason of any of the matters

specified in section 11(1), and

(b) considers that it is

reasonable to

give such a direction in the

circumstances.


generality of


decision of

an adjudication officer under

section

41 of the Workplace

Relations Act


complaint of a

contravention of this Act may

contain a

direction that—

(a) the period of parental

leave

concerned be curtailed or that

its

form be varied or its

commencement postponed

for a

specified period, or

(b) parental leave taken by

reason of

being so curtailed be taken at

a

specified time,

provided that the adjudication

officer

considers that the giving of

such

direction is reasonable due to

there

being a serious and

substantial change

in circumstances affecting the

employer or the employee.


generality of


decision of

the Labour Court under

section 44 of


2014 on

appeal from a decision of an

287


to in

subsection (1) may contain a

direction

that—

(a) the period of parental

leave

concerned be curtailed or that

its

form be varied or its

commencement postponed

for a

specified period, or

(b) parental leave not taken

by reason

of being so curtailed be taken

at a

specified time,

provided that the Labour

Court considers that the

giving of such

direction is reasonable due to

there

being a serious and

substantial change

in circumstances affecting the

employer or the employee.

(8) Where appropriate, the

confirmation

document concerned shall be

amended

by the parties concerned so as

to

accord with a decision under

this

section.

(9) In this section



pay and


addition to

pay.”.

Section 24 is amended—

(a) in subsection (1), by the

substitution of “by virtue of a

decision to which section 21

applies” for “under this Act”,

and

(b) in subsection (2), by the

substitution of “by virtue of a

decision to which section 21

288

applies” for “under this Act”.

12. No. 49 of 1998 Protections for

Persons

Reporting

Child Abuse

Act 1998

Section 4 is amended by—

(a) the substitution, in

subsection (2),

of “under Part 4 of the

Workplace

Relations Act 2014 before an

adjudication officer or the

Labour

Court” for “under this section

before a rights commissioner

or

the Employment Appeals

Tribunal”,

(b) the substitution, in

subsection (3),

of “under Part 4 of the

Workplace

Relations Act 2014” for

“under

this section”,

(c) the substitution of the

following

subsection for subsection (5):




Workplace Relations

Act 2014 in relation to a

complaint of a

contravention of

subsection (1) shall do

one or more of the


(a) declare that the

complaint was or, as

the case may be, was

not well founded,

(b) require the employer

to comply with

subsection (1), and,

for that purpose,

require the employer

to take a specified

course of action,

(c) require the employer

to pay to the

employee

compensation of

such amount (if

any) as is just and

equitable having

289

regard to all the

circumstances, but

not exceeding 104

weeks’ remuneration

in respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977,


the foregoing

paragraphs to an

employer shall be

construed, in a case


business of the

employer changes after which

the complaint

relates occurs, as

references to the person

who, by virtue of the

change, becomes

entitled to such

ownership.”,

and

(d) the substitution of the

following


“(6) A decision of the

Labour Court under

section 44 of the

Workplace Relations

Act 2014, on appeal

from a decision of an


referred to in

subsection (5), shall

affirm, vary or set aside

the decision of the


13. No. 5 of 2000 National

Minimum

Wage Act 2000


(a) the substitution of the

following


“(1) For the purposes of this

section, a dispute

between an employee

and his or her employer

290

as to the employee’s

entitlements under this

Act exists where the

employee and his or her

employer cannot agree

on the appropriate

entitlement of the

employee to pay in

accordance with this

Act resulting in an

alleged underpayment

to the employee.”,

(b) the deletion of subsections

(3), (5)

and (7), (c) the substitution,

in subsection (2),

of “The Director General of

the

Workplace Relations

Commission

shall not entertain a dispute in

relation to an employee’s

entitlements under this Act

and,

accordingly, shall not refer

the

dispute to an adjudication

officer


Workplace

Relations Act 2014” for “A

dispute

cannot be referred to or dealt

with

by a rights commissioner”,

and

(d) the substitution, in

subsection (4),

of—

(i) “an adjudication officer”

for

“a rights commissioner”, and

(ii) “the adjudication officer”

for

“the rights commissioner”.


(a) the deletion, in subsection

(1), of

“, and sections 24 to 32

(except

section 24(2)), with the

necessary

291

modifications, shall apply

accordingly”,

(b) the deletion of subsection

(2), and

(c) the substitution of the

following


“(3) In proceedings under

Part 4 of the Workplace

Relations Act 2014 in

respect of a matter that,

by virtue of subsection

(1), is a dispute for the

purposes of section 24,

it shall be presumed

unless the contrary is

proved on the balance

of probabilities that any

reduction in hours of

work was for the

purpose of avoiding the

alleged increased

liability referred to in

subsection (1).”.



26:


officer under


Relations Act 2014


adjudication officer in

relation to a dispute in respect

of the

entitlements of an employee

under this

Act referred to the



Workplace

Relations Act 2014 may

contain—

(a) a direction to the

employer to pay

to the employee—

(i) an award of arrears, being

the

difference between any

amount paid or allowed by

the

employer to the employee for

292

pay and the minimum amount

the employee was entitled to

be paid or allowed in

accordance with this Act in

respect of the period to which

the dispute relates, and

(ii) reasonable expenses of

the

employee in connection with

the dispute,

(b) a requirement that the

employer

rectify, within a specified

time

(not being later than 42 days

after

the date the decision is

communicated to the

employer) or

in a specified manner, any

matter,

including the payment of any

amount, in respect of which

the

employer is in contravention

of

this Act, or

(c) both such direction and

such

requirement, as the

adjudication

officer considers appropriate.

(2) An adjudication officer

shall maintain

a register of all decisions

made by him or her under this

section and shall

make the register available

for

inspection by members of the

public

during normal office hours.”.



29:


on appeal from


section 26

29. (1) A decision of the

Labour Court under


293

Relations


decision of


referred to in

section 26 shall either—

(a) affirm the decision of the

adjudication officer, or

(b) contain—

(i) a direction to the employer

to

pay to the employee—

(I) an award of arrears, being

the difference between

any amount paid or

allowed by the employer

to the employee for pay

and the minimum amount

the employee was entitled

to be paid or allowed in

accordance with this Act

in respect of the period to

which the dispute relates,

and

(II) reasonable expenses of

the employee in

connection with the

dispute,

(ii) a requirement that the

employer rectify, within a

specified time (not being later

than 42 days after the date the

decision is communicated to

the employer) or in a

specified manner, any matter,

including the payment of any

amount, in respect of which

the employer is in

contravention of this Act, or

(iii) both such direction and

such

requirement, as the Labour

Court considers appropriate.”.

14. No. 19 of 2001 Carer’s Leave

Act 2001



deletion

of the words “applies to any

dispute between an employee

and

the employer relating to any

entitlement of the employee

under

294

this Act (or any matter arising

out

of or related to such an

entitlement) but”, and


substitution of “an

adjudication

officer within the meaning of

the


2014 or

the Labour Court, as may be

appropriate,” for “the rights

commissioner”.



21:


or 44 of Workplace

Relations Act 2014




Workplace


to a

dispute to which this Part

applies

between an employee and an

employer

concerning the employee’s

entitlements under this Act

may

include—

(a) a grant of carer’s leave to

the

employee of such length to be


and in

such manner as the

adjudication

officer may specify, (b) an

award of compensation (in


concerned


concerned) of such amount,

not

exceeding 26 weeks’

remuneration



295

such

manner as may be prescribed,

as

the adjudication officer

considers


regard to

all of the circumstances, or


award.


Court under


Relations


decision of


referred to in

subsection (1) may include—

(a) a grant of carer’s leave to

the

employee of such length to be


and in

such manner as the Labour

Court

may specify,


(in


concerned


concerned) of such amount,

not


remuneration



such

manner as may be prescribed,

as

the Labour Court considers

just


to all

of the circumstances, or


award.

(3) Where appropriate, the

confirmation

document concerned shall be

amended

296

by the parties concerned so as

to

accord with a decision

referred to in

subsection (1) or (2).

(4) In this section



pay and


addition to

pay.”.

15. No. 27 of 2001 Prevention of

Corruption

(Amendment)

Act 2001

Schedule 1 is amended—

(a) in paragraph 1, by—

(i) the substitution of the

following subparagraph for

subparagraph (1):




respect of a complaint

of a contravention of

section 8A(5), it shall

not be necessary for the

employee to show that

he has at least one

year’s continuous

service with the

employer concerned.”,

(ii) the substitution of the


subparagraph (3):




Workplace Relations


complaint of a

contravention of section

8A(5) shall do one or

more of the following,

namely—




not well founded,


to take a specified

course of action,

which may include,

in a case where the

penalisation

297

constitutes a

dismissal within the

meaning of section 8A(13),

reinstatement or

reengagement, or


to pay to the

employee

compensation of

such amount (if any)

as the adjudication

officer considers

just and equitable

having regard to all

the circumstances,

but not exceeding

104 weeks’

remuneration in

respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977,


clauses (b) and (c) to an

employer shall be



business of the

employer changes after

the contravention to

which the complaint

relates occurs, as



change, becomes

entitled to such

ownership.”,

(b) in paragraph 2, by—

(i) the substitution of the


subparagraph (1): “(1) A

decision of the

Labour Court under

section 44 of the

Workplace Relations

Act 2014, on appeal


298


referred to in paragraph

1(3), shall affirm, vary

or set aside the decision

of the adjudication

officer.”,

(ii) the substitution of the


subparagraph (7):




relation to a complaint

that section 8A(5) has

been contravened, it

shall be presumed, until

the contrary is proved,

that the employee

concerned acted

reasonably and in good

faith in forming the

opinion and making the

communication

concerned.”,

(iii) the substitution, in clause

(a)

of subparagraph (8), of “a

complaint in respect of the

contravention shall not be

referable to an adjudication

officer under section 41 of the


2014

or a mediation officer under

section 39 of that Act” for

“such dismissal may not be

presented to a rights

commissioner under

paragraph 1(1)”, and

(iv) the substitution, in clause

(b) of subparagraph (8), of “a

complaint to the Director

General of the Workplace

Relations Commission under


Relations Act 2014 in respect

of a contravention” for “a

complaint to a rights

commissioner under

paragraph 1(1) in respect of a

dismissal”.

16. No. 45 of 2001 Protection of Section 15 is amended, in

299

Employees

(Part-Time Work)

Act 2001

subsection (3), by the

substitution of “under Part 4

of the Workplace

Relations Act 2014” for

“under this Part”.



16:


officer under


Relations Act 2014




Workplace


to a


of section 9


the



was or,


well

founded,


comply



pay to the


such


adjudication


equitable



exceeding 2


respect of



foregoing


shall be


ownership of


300

changes after


the complaint relates occurs,

as references to the person


becomes




17:


on appeal from a


section 16


Court under


Relations Act


decision of an


to in section


aside the


officer.”.

17. No. 14 of 2002 Competition

Act 2002


(a) in paragraph 2, by the

substitution



Schedule before a rights

commissioner or the

Employment

Appeals Tribunal”,

(b) in paragraph 3, by the

substitution



Schedule”,

(c) by the substitution of the

following paragraph for

paragraph

5:

“5. A decision of an

adjudication officer under

section 41 of the



complaint of a


50(3) shall do one or more

301





not well founded,


comply with

section 50(3) and,

for that purpose,


to take a specified

course of action,


to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding

104 weeks’

remuneration in

respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977,


foregoing subparagraphs to

an employer shall be


ownership of the business

of the employer changes

after the contravention to

which the complaint

relates occurs, as



change, becomes entitled

to such ownership.”,

(d) the insertion of the

following

paragraph:

“6A. A decision of the

Labour Court under section

302

44 of

the Workplace Relations

Act 2014, on appeal from a

decision of an adjudication

officer referred to in

paragraph 5, shall affirm,

vary or set aside the

decision of the

adjudication officer.”


Employees

(Fixed-Term

Work) Act 2003



14:


officer under


Relations Act 2014




Workplace


to a


of this Act


following,

namely—

(a) declare whether the

complaint was

or was not well founded,


comply



reinstate

or reengage the employee

(including on a contract of

indefinite duration), or

(d) require the employer to

pay to the


such


adjudication


equitable



exceeding 2


respect of


303

and references in paragraphs

(b), (c) and

(d) to an employer shall be

construed, in a

case where ownership of the

business of

the employer changes after

the


complaint


to the person


becomes




15:


on appeal from


section 14


Court under


Relations Act


decision of an


to in section


aside the


officer.”.

19 No. 4 of 2004 Industrial Relations

(Miscellaneous Pro-

visions) Act 2004

The following

subsection is

substituted for

subsection (5) of

section 9: “(5) A


substituted for





Workplace


to a


of section

8 shall do one or more of the



is or, as

the case may be, is not well

founded,

(b) direct that the conduct the

304

subject

of the complaint cease, or

(c) require the respondent to

pay to

the complainant

compensation of


adjudication officer considers

just

and equitable in the


exceeding 2

years remuneration in respect

of

the employee’s

employment.”.



10:


on appeal from


section 9


Court under


Relations Act




subsection (5) of section 9,

shall affirm,


of the


20 No. 42 of 2004

Health Act 2004 Section 55M is amended—


substitution of “adjudication

officer under section 41 of the


2014” for

“rights commissioner”,



of


2014”

for “before a rights

commissioner

or the Labour Court”,

(c) in subsection (4), by the

substitution of “Part 4 of the

305


2014” for

“this section”,

(d) the substitution of the

following





Workplace Relations


complaint of a

contravention of


one or more of the





not well founded,


to comply with

subsection (1) and to

take a specified

course of action, or

(c) order the employer

to pay to the

employee

compensation of such amount

(if any)

as the adjudication

officer considers

just and equitable


the circumstances.”,

and

(e) the substitution of the

following

subsection for subsection

(11):

“(11) A decision of the

Labour Court under

section 44 of the

Workplace Relations

Act 2014, on appeal



referred to in



the decision of the


306

21 No. 10 of 2005

Safety, Health

and Welfare at

Work Act 2005



28:


officer under


Relations Act 2014




Workplace


to a


of section 27


following,

namely—


was or,


well

founded,


take a

specified course of action, or


pay to the


such


adjudication


equitable


circumstances.”. The

following section is


29:


on appeal from


section 28


Court under


Relations Act


decision of an


to in section


307

aside the


officer.”.

22 No. 9 of 2006

Employees

(Provision of

Information and

Consultation) Act

2006

Schedule 3 is amended by—


following

paragraph for paragraph 1:


officer under section 41 of


2014

1. A decision of an


section 41 of the



complaint of a

contravention of section 13






not well founded,


to take a specified



to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances but not

exceeding 2

years’ remuneration

in respect of the

employee’s

employment,


foregoing clauses to an

employer shall be





which the complaint

relates occurs, as


308




and

(b) the substitution of the

following



on

appeal from decision

referred

to in paragraph 1


Court under section 44 of





paragraph 1 shall affirm,


decision of the


23 No. 16 of 2006

Employment

Permits Act 2006


(a) by the substitution of the


paragraph

1:



section 41 of the



complaint of a







not well founded,


to take a specified



to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


309

the circumstances,



employer shall, in a case


business of the employer

changes after the


complaint relates occurs,

be construed as references

to the person who, by

virtue of the change,


ownership.”,

and

(b) by the substitution of the


paragraph

2:

“2. A decision of the Labour








decision of the


24 No. 19 of 2007

Consumer

Protection Act

2007




paragraph

2:



section 41 of the



complaint of a







not well founded,


to comply with

section 87(3) and,

for that purpose,


310

to take a specified



to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding

104 weeks’

remuneration in

respect of the


calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977,



employer shall be





which the complaint

relates occurs, as





(b) by the insertion of the

following

paragraph:

“3A. A decision of the

Labour








decision of the

adjudication officer.”,

and

(c) in paragraph 4—

311

(i) by the substitution, in

subparagraph (1), of “Part 4

of the Workplace Relations

Act 2014” for “this Schedule


or the Employment Appeals

Tribunal”, and

(ii) by the substitution, in



Act 2014” for “this

Schedule”.

25 No. 13 of 2008 Chemicals Act

2008




of


2014”

for “under this section before

a

rights commissioner or the

Employment Appeals

Tribunal”,




2014” for

“this section”,


following subsection for

subsection (5):




Workplace Relations


complaint of a

contravention of


one or more of the





not well founded,


to comply with

subsection (1) and,

for that purpose,


to take a specified


312


to pay to the

employee

compensation of


as the adjudication

officer considers


regard to all

the circumstances,

but not exceeding

104 weeks’

remuneration in

respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977.”,

and

(d) by the insertion of the

following

subsection:

“(6A) A decision of the

Labour Court under

section 44 of the

Workplace Relations

Act 2014, on appeal



referred to in

subsection (5) of

section 26, shall affirm,


decision of the


26 No. 6 of 2009 Charities Act

2009





2014” for

“this section before a rights

commissioner or the

Employment

Appeals Tribunal”,




2014” for

313

“this section”,


following subsection for

subsection (5): “(5) A

decision of an



Workplace Relations


complaint of a

contravention of


one or more of the





not well founded,


to comply with

subsection (1) and,

for that purpose,


to take a specified



to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding

104 weeks’

remuneration in

respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977.”,

And

(d) by the insertion of the

following

subsection:

“(8A) A decision of the

314

Labour Court under

section 44 of the

Workplace Relations

Act 2014, on appeal



referred to in



the decision of the


27 No. 34 of 2009

National Asset

Management

Agency Act 2009



following



of


2014

1. A decision of an


section 41 of the



complaint of a


223(3) shall do one or


namely—




not well founded,


to take a specified



to pay to the

employee

compensation of


as the adjudication

officer considers


regard to all

the circumstances.”,

and


following



on

315


referred

to in paragraph 1









decision of the


28 No. 10 of 2010

Inland Fisheries

Act 2010



following



of


2014

1. A decision of an


section 41 of the



complaint of a

contravention by IFI of

section 38(1) shall do one

or more of the following,

namely—




not well founded,

(b) require IFI to take a

specified course of

action, or

(c) require IFI to pay

the employee

compensation of such amount

(if any)

as the adjudication

officer considers

just and equitable


the circumstances

but not exceeding 2


in respect of the

employee’s

employment.”,

316

and


following



on


referred

to in paragraph 1









decision of the


29 No. 22 of 2011

Criminal Justice

Act 2011



following



of


2014

1. A decision of an


section 41 of the



complaint of a





complaint was or, as the case

may be, was

not well founded,


to take a specified

course of action,

which may include,

in a case where the

penalisation

constitutes a

dismissal,

reinstatement or

reengagement, or


to pay to the

317

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding 2


in respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977,



employer shall be



business of the



which the complaint

relates occurs, as


by virtue of the

change, becomes

entitled to such

ownership.”,

and


following



on


referred

to in paragraph 1









decision of the

318


30 No. 40 of 2011

Property Services

(Regulation) Act

2011




paragraph

1:



section 41 of the



complaint of a







not well founded,


to take a specified

course of action,

which may include,

in a case where the

penalisation

constitutes a

dismissal,

reinstatement or

reengagement, or


to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding

104 weeks’

remuneration in

respect of the

employee’s

employment

calculated in

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977,


319


employer shall be



business of the



which the complaint

relates occurs, as



change, becomes

entitled to such

ownership.”,

(b) by the substitution of the


paragraph 2:

“2. A decision of the Labour








decision of the

adjudication officer.”,

and

(c) in paragraph 3, by—

(i) the substitution, in



Act 2014” for “this Schedule


or the Labour Court”,

(ii) the substitution, in clause

(a)

of subparagraph (8), of “an



Relations Act 2014” for “a

rights commissioner under

paragraph 1(1)”, and

(iii) the substitution, in clause

(b)

of subparagraph (8), of “an



Relations Act 2014” for “a

rights commissioner under

paragraph 1(1)”.

31 No. 13 of 2012 Protection of Em- Schedule 2 is amended by—

320

ployees

(Temporary

Agency Work)

Act 2012


following



of


2014

1. A decision of an


section 41 of the



complaint of a

contravention of section 6,

11, 13(1), 14, 23 or 24






not well founded,


or hirer, as the case

may be, to take a

specified course of

action (including

reinstatement or

reengagement of the

employee or agency

worker in

circumstances where

the employee or

agency worker was

dismissed by the

employer or hirer),

or


or hirer, as the case

may be, to pay to the

employee or agency

worker

compensation of


as the adjudication

officer considers

just and equitable


the circumstances

but not exceeding 2


in respect of the

employee’s or

321

agency worker’s

employment,


the foregoing clauses to an

employer or hirer

shall be construed, in a

case where ownership


employer or hirer

changes after the

contravention to which

the complaint relates

occurs, as references to

the person who, by

virtue of the change,

becomes entitled to

such ownership.”,

and


following



on


referred

to in paragraph 1









decision of the


32 No. 25 of 2013

Further Education

and Training Act

2013

The Schedule is amended

by—


following



of


2014

1. A decision of an


section 41 of the



complaint of a

contravention of

322

subsection (1) of section

35 shall do one or more of the





not well founded,


to take a specified



to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances

but not exceeding 2


in respect of the

employee’s

employment.”,

and


following



on


referred

to in paragraph 1









decision of the


33 No. 40 of 2011

Property Services

(Regulation) Act

2011



following



of Workplace Relations Act

2014

1. A decision of an

323


section 41 of the



complaint of a


41(1) of this Act shall do

one or more of the





not well founded,


to take a specified

course of action,

which may include,

in a case where the

penalisation

constitutes a

dismissal within the

meaning of section

37(3), reinstatement

or reengagement, or


to pay to the

employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding 2


in respect of the

employee’s

employment

calculated in

accordance with


of the

Unfair Dismissals

Act 1977.”,

and


following



on


324

referred

to in paragraph 1









decision of the


34 No. 13 of 2012

Protection of Em-

ployees

(Temporary

Agency Work)

Act 2012



following



of


2014

1. A decision of an


section 41 of the



complaint of a







not well founded,


to take a specified

course of action,


to pay to the employee

compensation of


as the adjudication

officer considers

just and equitable


the circumstances,

but not exceeding

260 weeks’

remuneration in

respect of the

employee’s

employment

calculated in

325

accordance with

regulations under

section 17 of the

Unfair Dismissals

Act 1977.”,

and


following



on


referred

to in paragraph 1









decision of the


PART 2

AMENDMENT OF STATUTORY INSTRUMENTS

Reference(1) Number and

Year(2)

Short title(3) Extent of Amendment(4)

1. S.I. No. 231

of 2000

European

Communities

(Parental Leave)

Regulations 2000

Regulation 8 is amended

by—

(a) the substitution of

“adjudication officer within

the meaning of the


2014” for “rights

commissioner”,

(b) the substitution of

Labour

Court” for “Tribunal” in

each

place that it occurs, and

(c) the substitution of “the

adjudication officer” for “the

commissioner”.

2. S.I. No. 131 of

2003

European

Communities

(Protection of

Employees on

Transfer of

Undertakings)

The following regulation is

substituted for regulation 10:


of Workplace Relations Act

2014


326

Regulations 2003 adjudication officer under



relation to a complaint of a

contravention of a provision

(other than Regulation

4(4)(a) or 13) of these

Regulations shall do one or


namely—


complaint is or, as the case

may be, is

not well founded,


comply with these

Regulations and, for that

purpose, to take a specified



pay to the employee

compensation of such




in the circumstances, but—

(i) in the case of a

contravention of Regulation

8, not exceeding 4 weeks’

remuneration

and,

(ii) in the case of a

contravention of any other

Regulation, not exceeding 2

years’ remuneration, in

respect of the employee’s


accordance with regulations

made under section 17 of

the Unfair Dismissals Act

1977, and a reference in this

Regulation to an employer

shall be construed, in a case


relevant undertaking or

business, or the part

concerned of that

undertaking or business, of

the employer

changes after the

contravention to which

the complaint relates occurs,

327

as a reference to the person



ownership.”. The following

regulation is substituted for

regulation 11: “Decision of

Labour Court on appeal

from decision referred to

in Regulation 10 11. A

decision of the Labour Court






Regulation 10, shall affirm,


of the adjudication officer.”.

3. S.I. No. 507 of

2006

European

Communities

(Organisation of

Working Time)

(Mobile Staff in

Civil Aviation)

Regulations 2006


substituted for

regulation 15:


of


2014



section 41 of the



complaint of a

contravention of these

Regulations shall do one

or more of the following,

namely—


complaint was or,

as the case may be,

was not well

founded,

(b) require the

employer to comply


or

(c) require the

employer to pay to

the crew member

compensation of

such amount (if

any) as the

328


considers just and

equitable having

regard to all the

circumstances, but

not exceeding 2


in respect of the

crew member’s

employment,


Regulation to an

employer shall be





which the complaint

relates occurs, as




to such ownership.”.


substituted for

regulation 16:


on


referred

to in Regulation 10




Act 2014, on appeal from

a decision of an


referred to in Regulation


aside the decision of

the adjudication officer.”.

4. S.I. No. 259 of

2007

European Com-

munities

(European

Cooperative

Society)

(Employee

Involvement)

Regulations 2007



following



of


2014

2. A decision of an


section 41 of the

329



complaint by a person

referred to in clause (a),

(b), (c) or (d) of

Regulation 20(1) of a

contravention by a

relevant undertaking of

that Regulation shall do

one or more of the



complaint was or,

as the case may be,

was not well

founded,

(b) require the relevant

undertaking or the

SCE to take a

specified course of

action, or

(c) require the relevant

undertaking or the

SCE to pay to the

person referred to

in clause (a), (b),

(c) or (d) of

Regulation 20(1)

compensation of

such amount (if

any) as the


considers just and

equitable having regard to

all the

circumstances but

not exceeding 2


in respect of the

person’s

employment.”,

and


following



on


referred

to in paragraph 2



330



a decision of an


referred to in paragraph 2,

shall affirm, vary or set

aside the decision of the


5. S.I. No. 285 of

2007

European

Communities

(Occurrence

Reporting in

Civil Aviation)

Regulations 2007



following



of


2014

1. A decision of an


section 41 of the



complaint by an employee

of a contravention of

Regulation 9(4) in

relation to the employee

shall do one or more of

the following, namely—


complaint was or,


well

founded,

(b) require the

employer to take a

specified course of

action,

(c) require the

employer to pay to

the employee

compensation of

such amount (if

any) as the


considers just and

equitable having

regard to all the

circumstances but

not exceeding 2


in respect of the

employee’s

employment,

331


foregoing subparagraphs

to an employer shall be





which the complaint

relates occurs, as





and


following



on


referred

to in paragraph 1





a decision of an






6. S.I. No. 157 of

2008

European

Communities

(Cross-Border

Mergers)

Regulations 2008



following



of


2014

2. A decision of an


section 41 of the



complaint by a person

referred to in clause (a),

(b), (c) or (d) of

Regulation 39(1) of a

contravention by a

relevant company of that

Regulation shall do one or

332


namely—


complaint was or,

as the case may be,

was not well

founded,

(b) require the relevant

company to take a

specified course of

action,

(c) require the relevant

company to pay to

the person referred

to in clause (a), (b),

(c) or (d) of

Regulation 39(1)

compensation of



considers just and

equitable having

regard to all the

circumstances but

not exceeding 2


in respect of the

person’s

employment.”,

and


following



on


referred

to in paragraph 2





a decision of an






7. S.I. No. 377 of

2009

European Com-

munities

(Working

Conditions of

The following Regulation is

substituted for

Regulation 8:


333

Mobile Workers

Engaged in

Interoperable

Cross-Border

Services in the

Railway Sector)

Regulations 2009

officer under


Relations Act

2014

8. A decision of an



Workplace


relation to a


of these


more of the



complaint was or

was not well founded,


comply


or (c) require the employer

to pay to the

mobile worker compensation

of



considers just


to all

the circumstances, but not

exceeding 2 years’

remuneration

in respect of the mobile

worker’s

employment,


Regulation to




business of the

employer changes after the

contravention

to which the complaint

relates occurs, as


who, by virtue of

the change, becomes entitled

to such

ownership.”.


334

substituted for

Regulation 9:


on appeal from


Regulation 8


Court under


Relations


decision of an


to in


vary or set


adjudication

officer.”.


Communities

(Road Transport)

(Organisation of

Working Time of

Persons Perform-

ing Mobile Road

Transport

Activities)

Regulations 2012


substituted for

Regulation 18:


officer under


Relations Act

2014




Workplace


relation to a


of these


more of the



complaint was or, as the case

may be, was not well

founded,


comply

with the provisions of these

Regulations that have been

contravened, or


pay the

mobile worker compensation

of


335


considers just


to all

of the circumstances, but not


remuneration in respect of

the

mobile worker’s

employment

(calculated in accordance

with

requirements under section

17 of

the Unfair Dismissals Act

1977),

and the references in clause

(b) and (c) to




business of the

employer changes after the

contravention

to which the complaint

relates occurs, as


who, by virtue of

the change, becomes entitled

to such

ownership.”.


substituted for

Regulation 19:


on appeal from


Regulation 18


Court under


Relations


decision of an


to in


vary or set


adjudication

officer.”.

336


(xxxvi) Scriosadh sceideal 6. (xxxvi) Schedule 6 deleted.

(xxxvii) Aontaíodh an Teideal.

(xxxvii) Title agreed to.



mBille ar 4.55 p.m.





ÉIREANN.









amendments thereto.

16. ATHLÁ.


sine die.

16. ADJOURNMENT.


sine die.

337



_________________

Dé Máirt, 09 Nollaig 2014

Tuesday, 09 December 2014

__________________




Bhí na comhaltaí seo a leanas i láthair:

2. MEMBERS PRESENT.


An Teachta Mairsile Ní Chorcoráin-

Cinnéide (i gCeannas), An Teachta Risteárd

de Briotún (An tAire Post, Fiontar agus

Nuálaíochta), na Teachtaí Dara Mac Giolla

Laoire, Seán Ó Cadhain, Seán Ó Laighin

agus Peadar Tóibín.

Deputy Marcella Corcoran-Kennedy (in the

Chair), Deputy Richard Bruton (Minister for

Jobs, Enterprise and Innovation), Deputies

Dara Calleary, Seán Kyne, John Lyons and

Peadar Tóibín.

3. BREITHNIÚ AR MHEASTACHÁIN I

GCOMHAIR SEIRBHÍSÍ POIBLÍ.

Bhreithnigh an Coiste an Meastachán seo a

leanas i gcomhair Seirbhísí Poiblí don

bhliain dar críoch an 31 Nollaig, 2014 –

Vóta 32 (Poist, Fiontair agus

Nuálaíocht) (Meastachán Forlíontach).

Críochnaíodh an breithniú ar an Meastachán.

Cuireadh teachtaireacht chun na Dála de réir

Bhuan-Ordú 87 á chur in iúl di gur

chríochnaigh an Coiste a bhreithniú ar an

Meastachán.

3. CONSIDERATION OF ESTIMATES FOR

PUBLIC SERVICES.

The Committee considered the following

Estimate for Public Services for the year

ending 31st December, 2014 –

Vote 32 (Jobs, Enterprise and

Innovation) (Supplementary Estimate).

Consideration of the Estimate was

concluded.

Message sent to the Dáil in accordance with

Standing Order 87 acquainting it that the

Committee had completed its consideration

of the Estimate.

4. ATHLÁ.

Chuaigh an Coiste ar athló ar 2.20 p.m. sine

die.

4. ADJOURNMENT.


die.

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