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
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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
1
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
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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;
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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.
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.
(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: 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.
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A Question and Answer session with Members followed.
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.
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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
Lead department Department of Jobs, Enterprise and Innovation
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)
Lead department Department of Jobs, Enterprise and Innovation
2.4 COM(2014)41: Proposal for a Council Decision on the signing, on behalf of
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.
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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
Lead department Department of Jobs, Enterprise and Innovation
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
Lead department Department of Jobs, Enterprise and Innovation
Other department Department of Foreign Affairs and Trade
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
Lead department Department of Jobs, Enterprise and Innovation
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
Lead department Department of Jobs, Enterprise and Innovation
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
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Ltd and Zhejiang Aokang Shoes Co. Ltd {SWD(2014) 46 final}
Lead department Department of Jobs, Enterprise and Innovation
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
Lead department Department of Jobs, Enterprise and Innovation
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
JOINT COMMITTEE ON JOBS, ENTERPRISE AND INNOVATION
Minutes of 1 April 2014
1. The Joint Committee met in public session at 1.37 p.m. in Committee Room 2,
Leinster House 2000.
2. Attendance.
The following Members were present:
Deputies: Dara Calleary, Michael Conaghan, Damien English (in the chair),
Seán Kyne and Anthony Lawlor.
Senators: Michael Mullins and Feargal Quinn.
Apologies were received from Deputies Áine Collins and John Lyons.
[Private Session]
3. Item discussed in Private Session.
4. Item discussed in Private Session.
5. Item discussed in 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.
A Question and Answer session with Members followed.
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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.
The Committee adjourned at 2.32 p.m. until 1.30 p.m. on Tuesday 8 April 2014.
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JOINT COMMITTEE ON JOBS, ENTERPRISE AND INNOVATION
Minutes of 8 April 2014
1. The Joint Committee met in public session at 1.45 p.m. in Committee Room 2,
Leinster House 2000.
2. Attendance.
The following Members were present:
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
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.
The following Members were 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
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
Dé Máirt,18 Feabhra, 2014
Tuesday, 18 February, 2014
__________________
1. Chruinnigh an Coiste ar 3.15 p.m.
2. COMHALTAÍ I LÁTHAIR.
An Teachta Damien Inglis (i gCeannas),
An Teachta Risteárd de Briotún (An tAire
Post, Fiontar agus Nuálaíochta), Na
Teachtaí Dara Mac Giolla Laoire, Áine Ní
Choileáin, Micheál Ó Connacháin, Seán Ó
Cadhain, Antóin Ó Leathleabhair, Seán Ó
Laighin agus Peadar Tóibín.
1. The Committee met at 3.15 p.m.
2. MEMBERS PRESENT.
Deputy Damien English (in the Chair),
Deputy Richard Bruton (Minister for Jobs,
Enterprise and Innovation), Deputies Dara
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
2. In page 5, between lines 3 and 4, to insert the following:
“(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.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
4. In page 5, between lines 5 and 6, to insert the following:
“(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.”.
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.
(iv) Aontaíodh alt 6. (iv) Section 6 agreed to.
(v) Alt nua.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(v) New section.
Amendment proposed (Deputy Dara
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.”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
7. In page 5, between lines 9 and 10, to insert the following:
“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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(ix) Section 12.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(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.
The Committee adjourned at 4.05 p.m. sine
die.
143
IMEACHTAÍ AN ROGHCHOISTE
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
Dé Mairt, 11 Márta 2014
Tuesday, 11 March 2014
__________________
1. Chruinnigh an Coiste ar 1.30 p.m.
2. COMHALTAÍ I LÁTHAIR.
An Teachta Seán Ó Laighin (i gCeannas),
An Teachta Risteárd de Briotún (An tAire
Post, Fiontar agus Nuálaíochta), na
Teachtaí Dara Mac Giolla Laoire, Micheál
Ó Connacháin, Seán Ó Cadhain, Antóin Ó
Leathleabhair agus Peadar Tóibín.
1. The Committee met at 1.30 p.m.
2. MEMBERS PRESENT.
Deputy John Lyons (in the Chair), Deputy
Richard Bruton (Minister for Jobs,
Enterprise and Innovation), Deputies Dara
Calleary, Michael Conaghan, Seán Kyne,
Anthony Lawlor and Peadar Tóibín.
3. AN BILLE UM FHORBAIRT TIONSCAIL
(FORFÁS A DHÍSCAOILEADH) 2013.
Chrom an Coiste ar an mBille a
bhreithniú.
3. INDUSTRIAL DEVELOPMENT (FORFÁS
DISSOLUTION) BILL 2013.
The Committee took the Bill into
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.
4. CRÍOCHNÚ AN GHNÓ.
Chríochnaigh an Coiste a bhreithniú ar an
mBille ar 1.50 p.m.
4. CONCLUSION OF BUSINESS.
The Committee concluded its
consideration of the Bill at 1.50 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 NACH RAIBH AON
LEASÚ 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 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
IMEACHTAÍ AN ROGHCHOISTE
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
Déardaoin,15 Bealtaine, 2014
Thursday,15 May, 2014
__________________
1. Chruinnigh an Coiste ar 12.10 p.m.
2. COMHALTAÍ I LÁTHAIR.
An Teachta Damien Inglis (i gCeannas),
An Teachta Risteárd de Briotún (An tAire
Post, Fiontar agus Nuálaíochta), na
Teachtaí Dara Mac Giolla Laoire, Áine Ní
Choileáin, Micheál Ó Connacháin, Seán Ó
Cadhain, Antóin Ó Leathleabhair, Seán Ó
Laighin agus Peadar Tóibín
1. The Committee met at 12.10 .p.m.
2. MEMBERS PRESENT.
Deputy Damien English (in the Chair),
Deputy Richard Bruton (Minister for Jobs,
Enterprise and Innovation), Deputies Dara
Calleary, Áine Collins, Michael
Conaghan, Seán Kyne, Anthony Lawlor,
John Lyons and Peadar Tóibín.
3. AN BILLE UM IOMAÍOCHT AGUS
COSAINT TOMHALTÓIRÍ 2014
Chrom an Coiste ar an mBille a
bhreithniú.
3. COMPETITION AND CONSUMER
PROTECTION BILL 2014.
The Committee took the Bill into
consideration.
(i) Aontaíodh alt 1. (i) Section 1 agreed to.
(ii) Alt 2.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(ii) Section 2.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation)):
1. In page 8, line 6, to delete “section 33” and substitute “section 34”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(iii) Alt 3. (iii) Section 3.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
2. In page 8, between lines 34 and 35, to insert the following:
“(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.”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 2; Níl,
7.
Question:- “That the amendment be
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
Cadhain, Antóin Ó Leathleabhair, 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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(iv) Section 4.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
3. In page 9, between lines 7 and 8, to insert the following:
“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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(v) Alt 5.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(v) Section 5.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
4. In page 9, between lines 11 and 12, to insert the following:
“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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(vi) Alt 6. (vi) Section 6.
146
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
5. In page 9, line 28, after “Act” to insert “no later than 3 months
following enactment of this legislation”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú” – agus cinneadh gur freagra
diúltach a tugadh uirthi.
Aontaíodh an t-alt.
Question:- “That the amendment be
made”- put, and decided in the negative.
Section agreed to.
(vii) Alt 7.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(vii) Section 7.
Amendment proposed (Deputy Dara
Calleary):
6. In page 10, between lines 6 and 7, to insert the following:
“(2) Any resources used by the Commission shall be allocated by
application of a set of priority principles in the public interest.”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
Section agreed to.
(viii) Aontaíodh ailt 8 agus 9. (viii) Sections 8 and 9 agreed to.
(ix) Alt 10.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(ix) Section 10.
Amendment proposed (Deputy Dara
Calleary):
7. In page 15, line 8, after “inability,” to insert “not exceeding 12
months,”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
9. In page 16, between lines 7 and 8, to insert the following:
“(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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
147
(x) Aontaíodh ailt 11 agus 12. (x) Sections 11 and 12 agreed to.
(xi) Alt 13.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
(xi) Section 13.
Amendment proposed (Deputy Peadar
Tóibín):
10. In page 18, between lines 11 and 12, to insert the following:
“(9) Vacancies of the Commission membership will be filled within 3
months.”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
Section agreed to.
(xii) Aontaíodh ailt 14 agus 15. (xii) Sections 14 and 15 agreed to.
(xiii) Alt 16.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(xiii) Section 16.
Amendment proposed (Deputy Dara
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.”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
Section agreed to.
(xiv) Aontaíodh alt 17. (xiv) Section 17 agreed to.
(xv) Alt 18.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(xv) Section 18.
Amendment proposed (Deputy Dara
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”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
Section agreed to.
(xvi) Aontaíodh ailt 19 go 23, go huile. (xvi) Sections 19 to 23, inclusive, agreed
to.
148
(xvii) Alt 24.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
(xvii) Section 24.
Amendment proposed (Deputy Peadar
Tóibín):
13. In page 26, to delete lines 5 to 21 and substitute the following:
“Comptroller and Auditor General, give evidence to that Committee.”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
Section agreed to.
(xviii) Aontaíodh ailt 25, 26 agus 27. (xviii) Sections 25, 26 and 27 agreed to.
(xix) Alt 28.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(xix) Section 28.
Amendment proposed (Deputy Dara
Calleary):
14. In page 30, to delete lines 22 to 25 and substitute the following:
“(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.”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
Section agreed to.
(xx) Aontaíodh alt 29. (xx) Section 29 agreed to.
(xxi) Alt 30.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
(xxi) Section 30.
Amendment proposed (Deputy Dara
Calleary):
15. In page 31, between lines 25 and 26, to insert the following:
“(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.”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt.
Amendment, by leave, withdrawn.
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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
16. In page 45, line 19, to delete “definition” and substitute
149
“definitions”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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;”,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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;”,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
19. In page 45, line 26, to delete “and”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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.”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xxiv) Aontaíodh alt 47. (xxiv) Section 47 agreed to.
(xxv) Alt nua. (xxv) New section.
150
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xxvi) New section.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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).”.
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.
(xxvii) Scriosadh alt 48. (xxvii) Section 48 deleted.
(xxviii) Aontaíodh ailt 49 agus 50. (xxviii) Sections 49 and 50 agreed to.
(xxix) Alt 51.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xxix) Section 51.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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.”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xxx) Alt 52.
(xxx) Section 52.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
24. In page 47, between lines 30 and 31, to insert the following:
“(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”,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
25. In page 47, to delete line 37.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xxxi) Alt 53.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xxxi) Section53.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
27. In page 48, line 20, to delete “unless” and substitute “and unless”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xxxii) Alt nua.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xxxii) New section.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
28. In page 48, between lines 33 and 34, to insert the following:
“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.”.”.
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.
(xxxiii) Scriosadh alt 54.
(xxxiii) Section 54 deleted.
(xxxiv) Aontaíodh alt 55. (xxxiv) Section 55 agreed to.
(xxxv) Alt 56.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xxxv) Section 56.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
29. In page 49, line 28, to delete “the requirement” and substitute “the
first requirement”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xxxvi) Aontaíodh ailt 57 agus 58. (xxxvi) Sections 57 and 58 agreed to.
(xxxvii) Alt nua.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xxxvii) New section.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
30. In page 51, between lines 13 and 14, to insert the following:
“Amendment of section 27 of Act of 2002
59. Subsection (1) of section 27 of the Act of 2002 is amended by
substituting “(ii)” for “(iii)”.”.
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.
(xxxviii) Aontaíodh ailt 59 go 68, go
huile.
(xxxviii) Sections 59 to 68, inclusive,
agreed to.
(xxxix) Alt 69. (xxxix) Section 69.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
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
leasú” – agus cinneadh gur freagra
diúltach a tugadh uirthi.
made”- put, and decided in the negative.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
33. In page 55, lines 37 and 38, to delete “Council Regulation (EC)
No. 139/20041 on the control of concentrations between undertakings”
and substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
34. In page 56, line 6, to delete “Council Regulation (EC) No.
139/20042” and substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
35. In page 56, lines 9 and 10, to delete “Council Regulation (EC) No.
139/20042, on the control of concentrations between undertakings”
and substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
36. In page 56, line 11, to delete “decision” and substitute
“determination”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
37. In page 56, line 19, to delete “the European Commission” and
substitute “that notified the European Commission”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
38. In page 57, lines 5 and 6, to delete “Council Regulation (EC) No.
155
139/20043 on the control of concentrations between undertakings” and
substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
39. In page 59, lines 19 and 20, to delete “Council Regulation (EC)
No. 139/20044 on the control of concentrations between undertakings”
and substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
40. In page 63, lines 12 and 13, to delete “Council Regulation (EC)
No. 139/20045 on the control of concentrations between undertakings”
and substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
41. In page 68, lines 8 and 9, to delete “Council Regulation (EC) No.
139/20046 on the control of concentrations between undertakings” and
substitute “the Council Regulation”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
42. In page 70, line 43, to delete “was” and substitute “were”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
43. In page 73, line 13, to delete “ ‘significant interests’ ” and
substitute “significant interests”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
44. In page 73, line 30, after “internet” to insert “and issue a press
statement outlining”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment, by leave, withdrawn.
Section, as amended, agreed to.
(xl) Aontaíodh ailt 70 go 75, go huile. (xl) Sections 70 to 75, inclusive, agreed
to.
156
(xli) Alt 76. (xli) Section 76.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
45. In page 79, between lines 28 and 29, to insert the following:
“(b) garden plants,”.
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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
46. In page 80, line 16, to delete “supply or distribution” and substitute
“supply, distribution or retail”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
47. In page 80, line 18, to delete “€50 million” and substitute “€10
million”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 2; Níl,
7.
Question:- “That the amendment be
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
Cadhain, Antóin Ó Leathleabhair, 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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
48. In page 81, line 13, to delete “who” and substitute “that”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
49. In page 81, between lines 16 and 17, to insert the following:
“(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,”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
50. In page 81, between lines 37 and 38, to insert the following:
“(2) All retailers defined as relevant grocery goods undertakings must
disclose their profits in the Irish market.”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 2; Níl,
6.
Question:- “That the amendment be
made” - put: the Committee divided: For,
2 ; Against, 6.
Tá:- Na Teachtaí Dara Mac Giolla Laoire,
Peadar Tóibín.
For:- Deputies Dara Calleary, Peadar
Tóibín.
Níl:- Na Teachtaí Risteárd de Briotún,
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.
Faisnéiseadh dá réir sin go rabhthas tar éis
diúltú don Cheist.
The Question was declared negatived
accordingly.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
51. In page 81, between lines 37 and 38, to insert the following:
“(2) All retailers defined as relevant grocery goods undertakings shall
disclose their profits in the Irish market.”.
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.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
52. In page 81, between lines 37 and 38, to insert the following:
“(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.”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 2; Níl,
6.
Question:- “That the amendment be
made” - put: the Committee divided: For,
2 ; Against, 6.
Tá:- Na Teachtaí Dara Mac Giolla Laoire,
Peadar Tóibín.
For:- Deputies Dara Calleary, Peadar
Tóibín.
Níl:- Na Teachtaí Risteárd de Briotún,
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.
158
Faisnéiseadh dá réir sin go rabhthas tar éis
diúltú don Cheist.
The Question was declared negatived
accordingly.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
53. In page 81, between lines 37 and 38, to insert the following:
“(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.”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
54. In page 81, between lines 39 and 40, to insert the following:
“(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,”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
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,”.
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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
56. In page 81, line 41, to delete “to a” and substitute “to, or the
purchase or receipt of goods from, a”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
57. In page 82, line 2, to delete “circumstances” and substitute “ways”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
58. In page 82, between lines 6 and 7, to insert the following:
“(c) specify Retention of Title for goods delivered until such time full
payment is received,”.
159
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
60. In page 82, line 33, to delete “supplier” and substitute “supplier or
retailer”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
61. In page 83, to delete lines 22 to 24 and substitute the following:
“(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”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
62. In page 83, between lines 27 and 28, to insert the following:
“(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,”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
63. In page 83, between lines 27 and 28, to insert the following:
“(iii) directly related to the value or volume of goods traded,”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
64. In page 84, between lines 16 and 17, to insert the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
65. In page 84, between lines 16 and 17, to insert the following:
“(3) The Minister may specify the Retention of Title for goods
delivered until such time as full payment is received.”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
160
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
66. In page 84, between lines 16 and 17, to insert the following:
“(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.”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
67. In page 84, line 17, to delete “(3) Regulations” and substitute “(4)
Regulations”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
68. In page 84, line 20, to delete “(4) The” and substitute “(5) The”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
69. In page 84, to delete line 25 and substitute the following:
“(6) Guidelines issued under subsection (5) shall—”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
71. In page 85, to delete lines 7 to 9.
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.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
72. In page 85, between lines 22 and 23, to insert the following:
“(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.”.
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.
Aontaíodh an t-alt, mar a leasaíodh.
Section, as amended, agreed to.
161
(xlii) Aontaíodh ailt 77 agus 78. (xlii) Sections 77 and 78 agreed to.
(xliii) Ailt nua.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xliii) New sections.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
73. In page 88, between lines 29 and 30, to insert the following:
“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)
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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
74. In page 88, between lines 29 and 30, to insert the following:
“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.”.”.
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.
(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.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(xlvi) Title.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
75. In page 7, line 9, after “2002,” to insert “the Central Bank Act
1942, the Personal Injuries Assessment Board Act 2003,”
Aontaíodh an leasú.
Aontaíodh an Teideal, mar a leasaíodh.
Amendment agreed to.
Title, as amended, agreed to.
4. CRÍOCHNÚ AN GHNÓ.
Chríochnaigh an Coiste a bhreithniú ar
an mBille ar 3.35p.m.
4. CONCLUSION OF BUSINESS.
The Committee concluded its
consideration of the Bill at 3.35p.m.
163
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 agus go raibh
leasú déanta aige ar an Teideal chun go
léifidh sé mar a leanas:
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 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.
Chuaigh an Coiste ar athló ar 3.35 p.m.
sine die.
6. ADJOURNMENT.
The Committee adjourned at 3.35 p.m.
sine die.
164
IMEACHTAÍ AN ROGHCHOISTE
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
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 Damien English (in the Chair),
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.
Chrom an Coiste ar an mBille a
bhreithniú.
3. EMPLOYMENT PERMITS
(AMENDMENT) BILL 2014.
The Committee took the Bill into
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
Department of Jobs, Enterprise and
Innovation):
1. In page 5, lines 20 and 21, to delete “Minister for Jobs, Enterprise
and Innovation” and substitute “Minister”.
Aontaíodh an leasú.
Aontaíodh, an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(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
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
2. In page 5, line 27, to delete “2006.” And substitute “2006;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
3. In page 5, after line 27, to insert the following:
“Minister means the Minister for Jobs, Enterprise and Innovation.”
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(iii) Alt nua.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(iii) New section.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
4. In page 6, between lines 2 and 3, to insert the following:
“Amendment of section 2 of Act of 2003
3. Section 2 of the Act of 2003 is amended—
(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.”.”.
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.
(iv) Scriosadh alt 3. (iv) Section 3 deleted.
(v) Alt 4.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(v) Section 4.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
5. In page 6, line 11 to delete “following section” and substitute
“following sections”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
6. In page 6, line 26, after “employment” where it firstly occurs to
insert “or service”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
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.”.
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.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
8. In page 7, between lines 13 and 14, to insert the following:
“(iii) an amount equal to that paid to regularised employees engaged
in the same work in the same employment, or”.
168
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.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
9. In page 7, between lines 27 and 28, to insert the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
169
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
10. In page 7, line 28, to delete “(6) The amount” and substitute
“(11) The amount”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
11. In page 7, line 32, to delete “(7) In proceedings” and substitute
“(12) In proceedings”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
12. In page 7, line 37, to delete “(8) Subsection (5)” and substitute
“(13) Subsection (5)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
13. In page 7, to delete line 39 and substitute “behalf.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
14. In page 7, after line 39, to insert the following:
“(14) In this section—
‘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.”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
15. In page 7, after line 39, to insert the following:
“(9) A foreign national who has engaged in civil proceedings as
referred to in this section may apply to the court for interim relief.”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 2; Níl,
6.
Question:- “That the amendment be
made” - put: the Committee divided: For,
2 ; Against, 6.
Tá:- Na Teachtaí Dara Mac Giolla Laoire,
Peadar Tóibín.
For:- Deputies Dara Calleary, Peadar
Tóibín.
Níl:- An Teachta Seán Ó Searlóg, Aire
Stáit ag an Roinn Post, Fiontar agus
Nuálaíochta, Na Teachtaí Micheál Ó
Connacháin, Damien Inglis, Seán Ó
Cadhain, Antóin Ó Leathleabhair, Seán Ó
Laighin.
Against:- Deputy Seán Sherlock, Minister
of State at the Department of Jobs,
Enterprise and Innovation, Deputies
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, an t-alt, mar a leasaíodh.
Section, as amended, agreed to.
(vi) Alt 5.
Tairgeadh leasú (An Teachta Seán Ó
(vi) Section 5.
Amendment proposed (Deputy Seán
171
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
16. In page 8, between lines 12 and 13, to insert the following:
“ ‘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;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
17. In page 8, to delete lines 14 to 25 and substitute the
following:
“who is connected to a foreign employer;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
18. In page 8, between lines 29 and 30, to insert the following:
“ ‘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
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
19. In page 9, between lines 3 and 4, to insert the following:
“ ‘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;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
21. In page 9, between lines 17 and 18, to insert the following:
“ ‘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
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
22. In page 9, line 41, to delete “permission.”,” and substitute
“permission;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
23. In page 9, after line 41, to insert the following:
“ ‘subsidiary’ has the meaning assigned to it by section 155 of the
Companies Act 1963.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
24. In page 10, to delete lines 7 to 15 and substitute the following:
“(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”.”
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(vii) Alt nua.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(vii) New section.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
174
25. In page 10, between lines 15 and 16, to insert the following:
“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.”.”.
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.
(viii) Alt 6.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(viii) Section 6.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
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.
Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Peadar
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.
Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
29. In page 11, lines 28 and 29, to delete “in employments that”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
30. In page 11, line 30, to delete “are” and substitute “in employments
that are”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
31. In page 11, line 33, to delete “require” and substitute “in
employments that require”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín ):
32. In page 12, between lines 10 and 11, to insert the following:
“(v) who has entered into civil proceedings as referred in section 2B
of the Act of 2003;”.
177
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.
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.
5. AN BILLE UM CHEADANNA
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.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
33. In page 12, to delete line 24
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
34. In page 12, to delete lines 25 to 27 and substitute the following:
“(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
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
36. In page 12, line 30, to delete “internship programme” and
substitute “period of 12 months”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
37. In page 14, to delete lines 14 to 19 and substitute the following:
“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
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 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.”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
38. In page 14, to delete lines 20 to 25 and substitute the following:
“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
employment permit is in force so that the hourly rate of the salary to be
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
employment permit is in force so that the hourly rate of the salary to be
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
regulations under section 29,
(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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(ii) Alt 7.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(ii) Section 7.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
39. In page 15, line 32, to delete “subsection” and substitute
“subsections”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
40. In page 15, between lines 33 and 34, to insert the following:
“ “(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
41. In page 15, to delete line 34 and substitute “(6) Where—”.
Aontaíodh an leasú.
Amendment agreed to.
185
Aontaíodh an t-alt, mar a leasaíodh. Section, as amended, agreed to.
(iii) Alt 8.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(iii) Section 8.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
42. In page 17, line 14, to delete “or documents” and substitute “,
documents and evidence to verify such information and documents”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
43. In page 17, to delete line 19.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
44. In page 17, line 22, to delete “section 4(3).”.” and substitute
“section 4(3), and”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
45. In page 17, between lines 22 and 23, to insert the following:
“(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.”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
186
(iv) Alt 9.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(iv) Section 9.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
46. In page 17, line 25, after “10A,” to insert “12, 14, 20A and 20B”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
47. In page 17, line 25, after “sections 10,” to insert “12 and 14,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
48. In page 17, to delete lines 28 to 40 and substitute the following:
“ “(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.”.”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 7; Níl,
Question:- “That the amendment be
made” - put: the Committee divided: For,
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,
Michael Conaghan, Damien English, Seán
Kyne, Anthony Lawlor, John Lyons, Seán
Sherlock.
Níl:- An Teachta Peadar Tóibín. Against:- Deputy Peadar Tóibín.
Faisnéiseadh dá réir sin go rabhthas tar éis
glacadh leis an gCeist.
The Question was declared carried
accordingly.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
50. In page 17, after line 40, to insert the following:
“(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.”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
51. In page 18, to delete lines 31 to 36 and substitute the following:
“(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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(v)Alt 10. (v) Section 10.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
52. In page 19, to delete lines 2 and 3 and substitute the following:
“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).”.”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
189
53. In page 19, between lines 14 and 15, to insert the following:
“(3) Section 9(3) of the Act of 2006 is amended by substituting “an
employee” for “the employee”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh
Amendment agreed to.
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.
7. AN BILLE UM CHEADANNA
FOSTAÍOCHTA 2014.
7. EMPLOYMENT PERMITS BILL
2014.
D’athchrom an Coiste ar an mBille a
bhreithniú.
The Committee resumed consideration of
the Bill.
(i) Alt 11.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(i) Section 11.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
54. In page 19, line 18, after “subsection (2A)” to insert “and (2B)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta g):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
55. In page 20, line 10, to delete “State.”.” and substitute “State.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
190
56. In page 20, between lines 10 and 11, to insert the following:
“(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).”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(ii) Alt 12.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(ii) Section 12.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
57. In page 20, to delete lines 24 to 28 and substitute the following:
“(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).”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
191
58. In page 20, to delete lines 29 and 30 and substitute the following:
“(3) Where an application referred to in subsection (1) is made—”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
60. In page 21, to delete lines 3 and 4 and substitute the following:
“by causing a notice of the offer of the employment concerned to be
published in accordance with subsection (4).”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
61. In page 21, between lines 4 and 5, to insert the following:
“(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).”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
62. In page 21, line 5, to delete “(4) Subsection (2)” and substitute “(6)
Subsection (2)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
63. In page 21, line 11, to delete “concerned,” and substitute
“concerned”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
64. In page 21, line 13, to delete “(5) Subsection (2)” and substitute
193
“(7) Subsection (2)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
65. In page 21, line 18, to delete “section 14(7)” and substitute “section
14(6)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
66. In page 21, to delete lines 34 to 36 and substitute the following:
“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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
69. In page 22, line 18, to delete “(8) The Minister” and substitute
“(10) The Minister”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
195
70. In page 22, line 21, to delete “(9) Section 10(3) applies” and
substitute “(11) Section 10(3) applies”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(iii) Aontaíodh alt 13. (iii) Section 13 agreed to.
(iv) Alt 14.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(iv) Section 14.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
71. In page 23, between lines 12 and 13, to insert the following:
“(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),”,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta An Teachta
Seán Ó Searlóg):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
73. In page 24, to delete lines 34 to 38 and substitute the following:
“(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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
196
Fiontar agus Nuálaíochta):
Department of Jobs, Enterprise and
Innovation):
74. In page 24, between lines 38 and 39, to insert the following:
“(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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
75. In page 24, line 40, to delete “(c) the Minister” and substitute “(d)
the Minister”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
76. In page 25, to delete lines 11 to 20 and substitute the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
77. In page 25, line 26, to delete “or”.
Aontaíodh an leasú. Amendment agreed to.
197
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
78. In page 25, to delete lines 27 to 29 and substitute the following:
“(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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
79. In page 25, line 31, to delete “(b) the Minister” and substitute “(c)
the Minister”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
81. In page 27, to delete line 19 and substitute “met.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
82. In page 27, between lines 19 and 20, to insert the following:
“(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.”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
83. In page 27, line 21, to delete “(1I)” and substitute “(1K)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
84. In page 27, to delete lines 23 to 25.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
85. In page 27, between lines 35 and 36, to insert the following:
“(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.”.”.
Aontaíodh an leasú. Amendment agreed to.
199
Tairgeadh leasú (An Teachta Dara Mac
Giolla Laoire):
Amendment proposed (Deputy Dara
Calleary):
86. In page 27, between lines 35 and 36, to insert the following:
“(8) The Minister shall establish an independent appeals mechanism
for persons refused an employment permit under the provisions of
subsection (1).”.
Tarraingíodh siar an leasú, faoi chead.
Aontaíodh an t-alt, mar a leasaíodh
Amendment, by leave, withdrawn.
Section, as amended, agreed to.
(v) Alt 15.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(v) Section 15.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
87. In page 28, line 4, to delete “or evidence” and substitute “or
documents”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
88. In page 28, line 6, to delete “or evidence is” and substitute “is, or
documents are,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
89. In page 28, line 12, to delete “or evidence” and substitute “or
documents”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
90. In page 28, lines 14 and 15, to delete “or evidence” and substitute
“or documents”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
200
Fiontar agus Nuálaíochta):
Department of Jobs, Enterprise and
Innovation):
91. In page 28, line 27, to delete “evidence” and substitute
“documents”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh
Amendment agreed to.
Section, as amended, agreed to.
(vi) Alt 16.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(vi) Section 16.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
92. In page 28, line 38, to delete “14A(1)” and substitute “14A”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
93. In page 29, line 2, to delete “class” and substitute “such class”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
94. In page 29, to delete lines 30 to 32 and substitute the following:
“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;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
201
Innovation):
95. In page 31, line 32, to delete “subsection.”.” and substitute
“subsection.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
96. In page 31, between lines 32 and 33, to insert the following:
“(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.”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
97. In page 31, to delete lines 33 to 41, and in page 32, to delete lines 1
to 3 and substitute the following:
“(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.”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
98. In page 32, to delete lines 10 and 11 and substitute the following:
“(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”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
99. In page 32, to delete lines 26 to 32.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
203
100.In page 32, to delete line 33 and substitute “(6) Where--”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
101.In page 33, line 16, to delete “(8) In this Act,” and substitute “(7)
In this Act,”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(vii) Alt 17.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(vii) Section 17.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(viii) Aontaíodh alt 18. (viii) Section 18 agreed to.
(ix) Alt 19.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(ix) Section 19.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
204
104.In page 35, line 9, after “person” to insert “or the foreign
employer”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
106.In page 35, to delete lines 26 to 30 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,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
107.In page 35, line 33, to delete “permit, or” and substitute “permit,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
108.In page 35, to delete lines 34 to 37 and substitute the following:
“(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
person referred to in section 8(2)(a)(iii), or
(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),”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó Amendment proposed (Deputy Seán
205
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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),”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
110. In page 35, line 39, to delete “pay,” and substitute “pay or the
hourly rate referred to in section 12(6)(b),”
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
111. In page 36, line 3, to delete “employer,”.” and substitute
“employer,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
112. In page 36, between lines 3 and 4, to insert the following:
“(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”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(x) Alt nua.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(x) New section.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
113. In page 36, between lines 3 and 4, to insert the following:
“Amendment of section 17 of Act of 2006
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”.”.
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.
(xi) Alt 20.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xi) Section 20.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
114. In page 36, to delete lines 6 and 7 and substitute the following:
“(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”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xii) Alt 21.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xii) Section 21.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
115. In page 37, to delete lines 12 to 29 and substitute the following:
“ “(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.”.”.
Aontaíodh an leasú. Amendment agreed to.
207
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
116. In page 37, to delete lines 35 and 36 and substitute the following:
“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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
117. In page 37, between lines 38 and 39, to insert the following:
“(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.”.”
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.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
118. In page 38, line 8, to delete “or”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
119. In page 38, to delete lines 9 to 12 and substitute the following:
“(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
person referred to in section 8(2)(a)(iii), or
(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),”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
120.In page 38, line 19, to delete “or”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
121.In page 38, line 23, to delete “employment.”.” and substitute
“employment,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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.”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
123.In page 38, line 32, to delete “made.” and substitute “made,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
124.In page 39, between lines 29 and 30, to insert the following:
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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
125.In page 39, line 30, to delete “(13) The period” and substitute
“(14) The period”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
126.In page 40, line 4, to delete “(14) Nothing in subsection (13)” and
substitute “(15) Nothing in subsection (14)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
127.In page 40, line 7, to delete “subsection (13)” and substitute
“subsection (14)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
128.In page 40, line 8, to delete “(15) Where, on” and substitute “(16)
Where, on”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
210
Fiontar agus Nuálaíochta):
Department of Jobs, Enterprise and
Innovation):
129.In page 40, line 31, to delete “(16) Where, on” and substitute “(17)
Where, on”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xiii) Alt 22.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xiii) Section 22.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
131.In page 41, to delete lines 4 to 10 and substitute the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
134.In page 41, line 14, after “be” to insert “for an employment
permit”
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
135.In page 41, to delete lines 23 to 38 and substitute the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
136.In page 41, line 39, after “may” to insert “, subject to subsection
(6),”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó Amendment proposed (Deputy Seán
212
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
137.In page 42, between lines 5 and 6, to insert the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
138.In page 42, line 6, to delete “(6) Having regard” and substitute “(7)
Having regard”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
139.In page 42, line 14, to delete “(7) Nothing in” and substitute “(8)
Nothing in”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
140.In page 42, between lines 15 and 16, to insert the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
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.”.
Tarraingíodh siar an leasú, faoi chead. Amendment, by leave, withdrawn.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
143.In page 42, to delete lines 23 to 29 and substitute the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
214
Fiontar agus Nuálaíochta):
Department of Jobs, Enterprise and
Innovation):
146.In page 43, to delete lines 3 to 12 and substitute the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
147.In page 43, line 13, after “may” to insert “, subject to subsection
(6),”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
148.In page 43, between lines 23 and 24, to insert the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
149.In page 43, line 24, to delete “(6) Having regard” and substitute
“(7) Having regard”.
215
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
150.In page 43, line 32, to delete “(7) Nothing in” and substitute “(8)
Nothing in”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
151.In page 43, between lines 33 and 34, to insert the following:
“(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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
152.In page 43, between lines 33 and 34, to insert the following:
“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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
216
Innovation):
153.In page 43, to delete line 35 and substitute “20D. Where—”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
154.In page 43, to delete lines 39 to 42 and substitute the following:
“(b) following the coming into operation of those sections, a foreign
national to whom such permit was granted is dismissed by reason of
redundancy from the employment in respect of which the employment
permit was granted, and”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise 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),”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xiv) Alt 23.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xiv) Section 23.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
156.In page 44, line 14, to delete “and”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
217
157.In page 44, between lines 14 and 15, to insert the following:
“(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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
158.In page 44, line 15, to delete “by deleting “, (2)” ” and substitute
“by substituting “(3) or (3A)” for “(2) or (3)” ”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xv) Alt nua.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xv) New section.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
159.In page 44, between lines 15 and 16, to insert the following:
“Amendment of section 24 of Act of 2006
24. Section 24 of the Act of 2006 is amended—
(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)”.”.
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.
(xvi) Scriosadh alt 24. (xvi) Section 24 deleted.
218
(xvii) Alt 25.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xvii) Section 25.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
160.In page 44, between lines 26 and 27, to insert the following:
“(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”,”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
161.In page 44, between lines 30 and 31, to insert the following:
“(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
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
162.In page 44, line 32, to delete “by deleting “, (2)” ” and substitute
“by substituting “, (3), (5A) or (5B)” for “, (2) or (3)” ”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xix) Alt 27.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xix) Section 27.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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;”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
164.In page 46, line 5, after “evidence” to insert “to verify such
documents”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
165.In page 46, line 18, to delete “evidence” and substitute “such
evidence”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
166.In page 46, line 20, to delete “evidence” and substitute “such
evidence”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
167.In page 46, line 23, to delete “evidence” and substitute “such
evidence”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó Amendment proposed (Deputy Seán
222
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
168.In page 46, line 26, to delete “evidence” and substitute “such
evidence”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
169.In page 46, line 31, to delete “paragraph (bc);”.” and substitute
“paragraph (bc);”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
170.In page 46, between lines 31 and 32, to insert the following:
“(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;”.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
171.In page 46, to delete lines 34 to 41 and substitute the following:
“ “(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”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
224
172.In page 47, line 4, after “person” to insert “, foreign employer”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
173.In page 47, line 5, to delete “insurance” and substitute “health
insurance referred to in section 1A(1)(b)(iii)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
174.In page 47, to delete line 6 and substitute “foreign nationals, and”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
175.In page 47, between lines 6 and 7, to insert the following:
“(c) evidence as the Minister may reasonably require in order to verify
such information or documents.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
176.In page 47, to delete lines 7 to 10 and substitute the following:
“(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—”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
177.In page 47, lines 23 and 24, after “subsection (2B)” to insert “that
may be included in regulations under this section”.
225
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
178.In page 47, line 24, after “evidence” to insert “verifying such
information and documents”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
179.In page 47, lines 35 and 36, to delete “referred to in the Act of
2010”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
180.In page 48, to delete lines 33 to 40 and substitute the following:
“(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).”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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.”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
182.In page 49, to delete lines 2 to 8 and substitute the following:
“(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.”.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(xx) Aontaíodh alt 28, 29 agus 30.
(xx) Section 28, 29 and 30 agreed to.
(xxi) Alt nua.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta):
(xxi) New section.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
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”.”.
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.
(xxii) Aontaíodh alt 31 agus 32.
(xxii) Section 31 and 32 agreed to.
(xxiii) Alt 33.
Tairgeadh leasú (An Teachta Seán Ó
Searlóg, Aire Stáit ag an Roinn Post,
Fiontar agus Nuálaíochta An Teachta
Seán Ó Searlóg):
(xxiii) Section 33.
Amendment proposed (Deputy Seán
Sherlock, Minister of State at the
Department of Jobs, Enterprise and
Innovation):
184.In page 51, after line 8, to insert the following:
“(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).”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
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.
8. CRÍOCHNÚ AN GHNÓ.
Chríochnaigh an Coiste a bhreithniú ar an
mBille ar 1.15 p.m.
8. CONCLUSION OF BUSINESS.
The Committee concluded its
consideration of the Bill at 1.15 p.m.
9. 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.
9. 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.
229
IMEACHTAÍ AN ROGHCHOISTE
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
Déardaoin, 3 Iúil 2014
Thursday, 3 July, 2014
__________________
1. Chruinnigh an Coiste ar 10.05 a.m.
2. COMHALTAÍ I LÁTHAIR.3
An Teachta Seán Ó Laighin (i gCeannas),
An Teachta Seán Ó Searlóg (an tAire Stáit
ag an Roinn Post, Fiontar agus
Nuálaíochta), na Teachtaí Áine Ní
Choileáin, Micheál Ó Connacháin.
1. The Committee met at 10.05 a.m.
2. MEMBERS PRESENT.4
Deputy John Lyons (in the Chair), Deputy
Seán Sherlock (Minister of State at the
Department of Jobs, Enterprise and
Innovation), Deputies Áine Collins,
Michael Conaghan.
3. BILLE NA GCARA-CHUMANN AGUS NA
GCUMANN TIONSCAIL AGUS SOLÁTHAIR
(FORÁLACHA ILGHNÉITHEACHA) 2013.
Chrom an Coiste ar an mBille a
bhreithniú.
3. FRIENDLY SOCIETIES AND INDUSTRIAL
AND PROVIDENT SOCIETIES
(MISCELLANEOUS PROVISIONS) BILL 2013.
The Committee took the Bill into
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.
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 nach raibh
aon leasú 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 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)].
4. CRÍOCHNÚ AN GHNÓ.
Chríochnaigh an Coiste a bhreithniú ar an
mBille ar 10.10 a.m.
4. CONCLUSION OF BUSINESS.
The Committee concluded its
consideration of the Bill at 10.10 a.m.
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IMEACHTAÍ AN ROGHCHOISTE
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
Dé Máirt ,4 Samhain, 2014
Tuesday, 4 November, 2014
__________________
1. Chruinnigh an Coiste ar 10.35 a.m.
2. COMHALTAÍ I LÁTHAIR.5
An Teachta Seán Ó Laighin (i gCeannas),
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.
1. The Committee met at 10.35 a.m.
2. MEMBERS PRESENT.6
Deputy John Lyons (in the Chair), Deputy
Damien English (Minister of State,
Department of Jobs, Enterprise and
Innovation), Deputies Dara Calleary,
Anthony Lawlor, and Peadar Tóibín.
3. AN BILLE UM MAOIN
INTLEACHTÚIL (FORÁLACHA
ILGHNÉITHEACHA), 2014.
Chrom an Coiste ar an mBille a
bhreithniú.
3. INTELLECTUAL PROPERTY
(MISCELLANEOUS PROVISIONS)
BILL 2014.
The Committee took the Bill into
consideration.
(i) Alt 1.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
(i) Section 1.
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
Innovation):
1. In page 3, between lines 8 and 9, to insert the following:
“Definitions
1. In this Act—
“Act of 1992” means the Patents Act 1992;
“Act of 1996” means the Trade Marks Act 1996.”.
Aontaíodh an leasú.
Amendment agreed to.
(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
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
Innovation):
2. In page 3, line 12, to delete “Patents Act 1992” and substitute “Act
of 1992”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
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)”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
Innovation):
4. In page 3, line 15, to delete “and”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
Innovation):
5. In page 3, line 16, to delete “paragraph (g)” and substitute
“paragraph (g) of subsection (1)”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
Innovation):
6. In page 3, line 22, to delete “(howsoever described)” and substitute
“(howsoever described) that is”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
Innovation):
7. In page 3, line 24, to delete “sell or supply” and substitute “sell or
supply or offer to sell or supply”.
Aontaíodh an leasú. Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
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),”.
Aontaíodh an leasú.
Amendment agreed to.
Tairgeadh leasú (An tAire Stáit, an Roinn
Post, Fiontar agus Nuálaíochta):
Amendment proposed (Minister of State,
Department of Jobs, Enterprise and
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.”.
Aontaíodh an leasú.
Aontaíodh an t-alt, mar a leasaíodh.
Amendment agreed to.
Section, as amended, agreed to.
(iv) Alt 3.
(iv) Section 3.
233
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
10. In page 4, between lines 10 and 11, to insert the following:
“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.”.”.
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.
(v) Aontaíodh alt 3. (v) Section 3 agreed to.
(vi) Aontaíodh alt 4.
(vi) Section 4 agreed to.
4. CRÍOCHNÚ AN GHNÓ.
Chríochnaigh an Coiste a bhreithniú ar an
mBille ar 10.55 a.m.
4. CONCLUSION OF BUSINESS.
The Committee concluded its
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.
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.
234
IMEACHTAÍ AN ROGHCHOISTE
PROCEEDINGS OF THE SELECT COMMITTEE
__________________
Déardaoin, 6 Samhain 2014
Thursday, 6 November, 2014
__________________
1. Chruinnigh an Coiste ar 12.55p.m.
2. COMHALTAÍ I LÁTHAIR.
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.
Chrom an Coiste ar an mBille a
bhreithniú.
3. WORKPLACE RELATIONS BILL 2014.
The Committee took the Bill into
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
Nuálaíochta, na Teachtaí Dara Mac Giolla
Laoire, Mairsile Ní Chorcoráin-Cinnéide,
Seán Ó Cadhain, Antóin Ó Leathleabhair,
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.
Faisnéiseadh dá réir sin go rabhthas tar éis
glacadh leis an gCeist.
The Question was declared carried
accordingly.
4. SEISIÚN PRÍOBHÁIDEACH.
4. PRIVATE SESSION.
235
Ordaíodh: Go suífidh an Coiste i seisiún
príobháideach anois.
Shuigh an Coiste i seisiún príobháideach
dá réir sin.
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.
5. AN BILLE UM CHAIDREAMH SAN ÁIT
OIBRE 2014.
5. WORKPLACE RELATIONS BILL 2014.
D’athchrom an Coiste ar an mBille a
bhreithniú.
The Committee resumed consideration of
the Bill.
(i) Alt 2.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(i) Section 2.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
1. In page 8, between lines 6 and 7, to insert the following:
“ “Act of 1994” means the Maternity Protection Act 1994;
“Act of 1995” means the Adoptive Leave Act 1995;”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 6; Níl,
1.
Question:- “That the amendment be
made” - put: the Committee divided: For,
6; Against, 1.
Tá:- An tAire Post, Fiontar agus
Nuálaíochta, na Teachtaí Dara Mac Giolla
Laoire, Mairsile Ní Chorcoráin-Cinnéide,
Seán Ó Cadhain, Antóin Ó Leathleabhair,
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.
Faisnéiseadh dá réir sin go rabhthas tar éis
glacadh leis an gCeist.
The Question was declared carried
accordingly.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
2. In page 8, between lines 12 and 13, to insert the following:
“ “Act of 2012” means the Protection of Employees (Temporary
Agency Work) Act 2012;”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 6; Níl,
1.
Question:- “That the amendment be
made” - put: the Committee divided: For,
6; Against, 1.
Tá:- An tAire Post, Fiontar agus
Nuálaíochta, na Teachtaí Dara Mac Giolla
Laoire, Mairsile Ní Chorcoráin-Cinnéide,
Seán Ó Cadhain, Antóin Ó Leathleabhair,
For:- Minister for Jobs, Enterprise and
Innovation, Deputies Dara Calleary,
Marcella Corcoran-Kennedy, Seán Kyne,
Anthony Lawlor, John Lyons.
236
Seán Ó Laighin.
Níl:- An Teachta Peadar Tóibín. Against:- Deputy Peadar Tóibín.
Faisnéiseadh dá réir sin go rabhthas tar éis
glacadh leis an gCeist.
The Question was declared carried
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.
7. AN BILLE UM CHAIDREAMH SAN ÁIT
OIBRE 2014.
7. WORKPLACE RELATIONS BILL 2014.
D’athchrom an Coiste ar an mBille a
bhreithniú.
The Committee resumed consideration of
the Bill.
(i) Alt 2. (i) Section 2.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
3. In page 8, to delete lines 20 to 23 and substitute the following:
“ “employee” and “employer” shall be construed in accordance with
section 3;”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 6; Níl,
1.
Question:- “That the amendment be
made” - put: the Committee divided: For,
6 ; Against, 1.
Tá:- An tAire Post, Fiontar agus
Nuálaíochta, na Teachtaí Áine Ní
Choileáin, Mairsile Ní Chorcoráin-
Cinnéide, Seán Ó Cadhain, Antóin Ó
Leathleabhair, Seán Ó Laighin.
For:- Minister for Jobs, Enterprise and
Innovation, Deputies Áine Collins,
Marcella Corcoran-Kennedy, Seán Kyne,
Anthony Lawlor, John Lyons.
Níl:- An Teachta Peadar Tóibín.
Against:- Deputy Peadar Tóibín.
Faisnéiseadh dá réir sin go rabhthas tar éis
glacadh leis an gCeist.
The Question was declared carried
accordingly.
Tairgeadh leasú (An Teachta Peadar
Tóibín):
Amendment proposed (Deputy Peadar
Tóibín):
237
4. In page 10, between lines 11 and 12, to insert the following:
“ “worker” means, in relation to a relevant enactment, a worker within
the meaning of that enactment.”.
Cuireadh an Cheist:- “Go ndéanfar an
leasú”: rinne an Coiste vótáil: Tá, 1; Níl,
6.
Question:- “That the amendment be
made” - put: the Committee divided: For,
1 ; Against, 6.
Tá:- An Teachta Peadar Tóibín.
For:- Deputy Peadar Tóibín.
Níl:- An tAire Post, Fiontar agus
Nuálaíochta, na Teachtaí Áine Ní
Choileáin, Mairsile Ní Chorcoráin-
Cinnéide, Seán Ó Cadhain, Antóin Ó
Leathleabhair, Seán Ó Laighin.
Against:- Minister for Jobs, Enterprise and
Innovation, Deputies Áine Collins,
Marcella Corcoran-Kennedy, Seán Kyne,
Anthony Lawlor, John Lyons.
Faisnéiseadh dá réir sin go rabhthas tar éis
diúltú don Cheist.
The Question was declared negatived
accordingly.
Aontaíodh an t-alt, mar a leasaíodh.
Section, as amended, agreed to.
8. SEISIÚN PRÍOBHÁIDEACH.
Ordaíodh: Go suífidh an Coiste i seisiún
príobháideach anois.
Shuigh an Coiste i seisiún príobháideach
dá réir sin.
8. 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.
9. AN BILLE UM CHAIDREAMH SAN ÁIT
OIBRE 2014.
9. WORKPLACE RELATIONS BILL 2014.
D’athchrom an Coiste ar an mBille a
bhreithniú.
The Committee resumed consideration of
the Bill.
(i) Alt nua.
Tairgeadh leasú (An tAire Post, Fiontar
agus Nuálaíochta):
(i) New section.
Amendment proposed (Minister for Jobs,
Enterprise and Innovation):
5. In page 10, between lines 11 and 12, to insert the following:
“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.
(3) For the purpose of the operation of this Act, and to the extent only
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.
(4) For the purpose of the operation of this Act, and to the extent only
that this Act applies, in relation to the Act of 1995—
(a) references in this Act to employer shall be construed as references
to relevant employer within the meaning of the Act of 1995, and
(b) references in this Act to employee shall be construed as references
to adopting parent within such meaning.
(5) For the purpose of the operation of this Act, and to the extent only
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.
(6) For the purpose of the operation of this Act, and to the extent only
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.
(7) For the purpose of the operation of this Act, and to the extent only
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.
(8) For the purpose of the operation of this Act, and to the extent only
that this Act applies, in relation to the European Communities