Brennan, John J

Wednesday, 31 March 1971

Seanad Eireann Debate
Vol. 69 No. 15

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Employment Agency Bill, 1971: Committee Stage.

The purpose of the amendment is to define more clearly all types of work. It is to remove any doubt as to whether temporary help agencies would be included or not. Some of those agencies would be th...More Button

The Senator is right in his assumption. This defines more clearly what agencies may come within the ambit of this legislation. I should like to point out to the Senator that definition is all import...More Button

The question of standards will be prescribed of course and will include the usual stipulations with regard to particular classes that would be considered unfit — persons with criminal records, undisch...More Button

I have a feeling that that may be covered elsewhere in the Bill; we will see as we go along. I know it is appropriate to other sections. If it is necessary to add a subsection to that I would favourab...More Button

Yes. In any event, paragraphs (a) and (b) are essential. This section really seeks to ensure that the standards which are required on the granting of the licence are maintained, that if at any time t...More Button

There is in the next section. The reference to the standard of suitability here would not particularly apply to health. Question put and agreed to. SECTION 5. Question proposed: “That section 5 stand...More Button

I see a certain amount of logic in the argument made by the Senators regarding this amendment, but if this Bill is to be what it sets out to be I could not possibly accept it. To draw the line of dem...More Button

I can assure the House that I came here with my mind perfectly open in regard to particular things and to co-operate as far as possible, but I am afraid I cannot quite agree with the Senators who have...More Button

It depends on what you mean by distinction.More Button

There will be class distinction, in the ugliest interpretation of the phrase, if we say: “Top management, you are exempted from being licensed under this legislation because you are important people” ...More Button

I would not agree. It would make the workers feel that they are people who need protection because they are incapable of looking after themselves, but these others can be allowed free. It would not e...More Button

Nobody would expect me to bring in the Civil Service Commission.More Button

They are already under very good——More Button

I said I accept there is a certain amount of sound logic in this — I concede that point — but I could not accede to the request. I would rather you did not push me. I gave this deep consideration be...More Button

I could not undertake to make a decision on which should be exempted, even though I mentioned a few examples there. They might have to be examined critically, too.More Button

I do not agree that they are all that more important than the girls in the typing pool who will go out to do confidential work for specific firms at intervals and must be recruited through an agency. ...More Button

I will certainly examine everything that has been said about it. I will not promise anything further beyond that.More Button

There are many safeguards. Amendment, by leave, withdrawn. Question proposed: “That section 6 stand part of the Bill.”More Button

An appeal?More Button

If that is not already adequately covered, I will have a look at it.More Button

No. They are one and the same thing and this actually occurs in legislation frequently.More Button

I cannot visualise any difference, but if I think there is I will be quite prepared to examine it, but I do not think it is necessary.More Button

Exemptions may be appealed against. I will have a look at it.More Button

There will be prescribed forms to suit all these purposes. Of course, with regard to the Senator's question whether a firm or an agency or institution of any type that might suspect they come under i...More Button

The purpose of this amendment is to clarify the situation with regard to fees. On the last section Senator Quinlan mentioned the fixing of fees. We do not propose to fix fees, only to approve of the...More Button

Representations have been made to me by the federation in relation to this amendment and I see no objection to clearly setting out that the job seeker is not to be charged a fee. That was the origina...More Button

It explicitly prohibits the charging of registration fees.More Button

I said the job seeker. Some employment agencies — in my opinion not the better-type employment agencies — charge a fee immediately a person presents himself to the agency.More Button

The amendment applies to fees charged to people seeking employment and those who will give or accept employment. Amendment agreed to. Question proposed: “That section 7, as amended, stand part of the ...More Button

If there is any ambiguity in this section I would be quite pleased to have it clarified to mean what I intend it to mean. It is not intended that one should be held to be in breach of the section by ...More Button

Yes. “Not more than” or “not in excess of”. I want to assure Senator Ryan that we do not propose to have anything to do with fixing scales but will merely approve of them. I accept that different a...More Button

Amendment No. 4 is also the result of representations from employment agencies. This is to enable an employment agency holding a licence under the provisions of the Bill to advertise vacancies abroad...More Button

This has entirely to to with publication of the name in the newspapers. I have discussed this with the newspaper people and they welcome it because they say it will strengthen their position in tryin...More Button

Yes.More Button

Or the name and address.More Button

The words which it is proposed to insert after the word “employment” at the end of subsection (4) (h) are clearly stated: “or the name and address of the holder of a licence”. So there is a definite ...More Button

The purpose behind this — and I am actually acceding to the request of the Federation of Employment Agencies — is that many good firms seeking personnel do not wish their name to be published for obvi...More Button

I would not agree that the words “controlling and supervising” mean that the Minister can do anything.More Button

Section 9 deals more specifically with this question of records.More Button

Amendment No. 5 deals with that.More Button

Paragraphs (a), (b) and (c) of subsection (2) of section 9 deal with this.More Button

Subsection (3) of section 9 states——More Button

——that an authorised officer may at all reasonable times: (a) enter and inspect any premises in which the business of an employment agency is being carried on or in respect of which an application un...More Button

I am not denying they are relevant, but they are more appropriate to section 9.More Button

I should like to say that I regard this as the most important section in the whole Bill and, as Senator Ryan has said, it is the one that gives any teeth to the legislation as far as these agencies ar...More Button

This amendment was anticipated somewhat in our discussion on section 8. In my opinion it would help to put it in plain language that the inspector or the person so entitled to investigate the records...More Button

If I may say a last word on this, I would try to impress on the Senators who have any fears about this section or about unnecessary intrusion by the authorised officer, that we have tried to write a p...More Button

In regard to this whole question of inspection and entering premises, the authorised officer will be, I hope, the proper type of person, the type of person who will be committed to treating as confide...More Button

This amendment actually arises out of a suggestion made by Senator O'Higgins on the Second Reading of the Bill when he suggested that the subsection was drawn in rather wide terms and could have the e...More Button

I have undertaken to look at a few matters in the Bill and have the draftman's advice as to whether certain sections may be technically improved. I should like at least three weeks.More Button

Next sitting day or three weeks, whichever gives most time.More Button


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