I appreciate what the Deputy is trying to do and do not doubt it. The difference between intention and what happens in practice and possible legal interpretation, unfortunately, is too confusing in this case in terms of an act of law. On the minimum wage directive, we had a debate on this in this House. Meetings of the high level working group continue at pace and I reiterate that I will ensure they continue at pace to get a speedy resolution.

I genuinely appreciate Deputy O'Reilly's kind words in regard to officials. Trust me, no offence was taken by me. She is dead right in everything she said. Ultimately, despite that level of bonhomie I cannot accept the amendment.

I think Deputy Barry is breaking the third wall. On Deputy O'Reilly's proposed new section 621A, section 608 of the Companies Act 2014 already provides that where it can be established that the effect of the transfer of assets has been to defraud creditors, the company or its members, the court can order the return of these assets which have been improperly transferred. Under this provision, the term "creditor" includes employees of the company concerned. Consequently, workers are already entitled, as creditors, to…

Yes.

I will come back to the Deputy directly on that within the next hour, if that is okay. I do not have that information to hand, as he can appreciate. The amendment may also incentivise employers and employees to have enhanced collective agreements ahead of insolvency situations in the knowledge that they will be funded from the sale of assets and-or State funding via the Social Insurance Fund. Again, while I appreciate the intention behind the amendment, it would have far-reaching implications and potentially signif…

This merits a further response and further discussion because the points have been well made by Deputy O'Reilly. It is important to remember that while certain insolvencies have attracted lots of negative headlines, and rightly so, most company directors want to do the right thing and they do their best accordingly. In 2021, the ODCE noted its reviews of liquidation showed that in more than 90% of all liquidations, directors had acted honestly and responsibly, which is important to say. In respect of the general en…

I am very pleased to have the opportunity to discuss the Employment Permits Bill 2022 in the Seanad today. The purpose of this Bill is to consolidate and update the legislative provisions that regulate the employment permits system, namely the Employment Permits Acts of 2003 and 2006, as amended in 2014. The conclusions of the 2018 review of economic migration policy endorsed the robust fundamental structure of the existing system. It recommended that new legislation be initiated to increase the responsiveness of t…

I thank all the Senators for their contributions and the general welcome in the House for the legislation. I would like to address a few points that have been raised. I fundamentally believe this Bill represents the biggest reform to the employment permits legislation since the Act of 2006 and will result in many positive changes to Ireland's economic migration policy. It is positive for our economy as a whole and our people. I was touched when Senator Ahearn said he addressed permits for English football clubs. I …

It is something that can be improved and will be improved. We will be able to do that with co-operation from employer groups as well as employee groups. I take up a point made by Senator McGahon about the fact that we have more Irish people coming home to work than we have emigrating. A certain representative made a contribution in the Dáil today. I will not name them or their party, because it is not a political point I want to make. They talked about the thousands of Irish people fleeing to Australia. They are no…

I appreciate Senator Gavan raising this issue, and it is one I have done quite a bit of work on both in the EU Council and through meeting stakeholders from the trade union movement and employers. It is my duty, as a Minister of State, to meet all sectors and all sides. I am more than happy to engage with Senator Gavan, as I have done with his party colleague in the other House. To address directly the title of the debate, the proposal for a directive on improving working conditions in platform work aims to ensure …

When it comes to looking at the high streets, we need to be more subjective and objective. Platform work is a good thing if done right. We should be able to agree on that, but it needs full and robust protections. I believe we have the mechanisms in place but there is unfortunately exploitation going on in this sector. I fundamentally agree with the Senator on that point. I will not argue about that, and I will work to make sure we target that exploitation. On the meetings I have had, I have met with one company en…

I undertake to take a closer look at that. To be honest, I am more familiar with the Spanish one.

I thank the Deputy for this question on an issue that he has raised consistently here and during our time on the finance committee together. As he knows, Ireland has a comprehensive body of employment, equality and industrial relations legislation, which offers the same protections to all employees legally employed under a contract of employment. All employers, regardless of sector, are responsible for ensuring that their employees receive all the protections afforded them under employment legislation. The Protecti…

I appreciate the point the Deputy is making. He refers rightly to the case in December before the WRC where it released decisions in respect of a sample group of complaints made by 38 members of the industry. Those decisions are, of course, being appealed to the Labour Court. Separately, the Labour Court issued a decision last month in respect of another complaint related to the industry. The Deputy is undoubtedly aware of that. There are further related courses still being adjudicated on. Ireland has a robust lega…

I will make two points. Regarding the protections provided under the section 481 tax relief application, the application is clear that the relationship between the producer company and the qualifying company – the DAC – has to be informed by the 1994 Act, which entitles an employee to certain information about his or her employer, including full names and details, to ensure that the employer cannot be hidden. As to what the Department is doing specifically about blacklisting, the Unfair Dismissals Acts 1977 to 2015…

Last December, I published the outcome of the review of the occupations lists for employment permits, which signalled the Government’s intention to increase the minimum salary thresholds for employment permits, including those associated with healthcare assistants and home care workers. The purpose of this change is to ensure fair treatment for employment permit holders and to allow them to qualify for the minimum threshold for family reunification. While the Minister has agreed to a deferral of this policy change,…

Just to be clear, this does not apply solely to the nursing homes sector. It also includes healthcare assistants and home support workers, so while it is obviously a provision for people who are in nursing homes, be they private nursing homes or independent nursing homes, it is also for those who provide care in the home and those who provide disability services, many of the recipients of which would not be classed as nursing home residents. It covers two broad professions. We met Nursing Homes Ireland and represen…

To get to the nub of the question, a decision was made to make a temporary deferral. I have laid out in depth the reason for that here, in our previous discussion on a Bill, and indeed to anyone who has raised a direct question, and I believe Deputy Barry raised it on Questions on Promised Legislation. These deferrals are temporary. The minimum thresholds for work permits are set in all sectors where they apply. We are increasing all those minimum thresholds across the board. We have a very clear roadmap we hope an…

I thank Deputy Stanton for again raising this issue and for consistently doing so constructively and productively over a period. One of the attractions of the critical skills employment permit is that holders of these permits can apply to the Department of Justice for immediate family reunification and, once their partners or spouses are resident in the State, they are eligible to apply to that Department for their own immigration permission, which can give them the right to take up any employment in the State with…

A couple of hundred intra-company transfers happened last year but, to be frank, that is far fewer than we would have liked because people simply did not apply. In many of the multinational companies who have chosen to locate their European head offices in Ireland or to establish very big footprints here, the management systems require people to spend a year or two in another country to develop their skills. It is a requirement but, unfortunately, if you cannot bring your spouse with you, that requirement makes Ire…