Brennan, John JWednesday, 31 March 1971 |
Seanad Eireann Debate
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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...
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...
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...
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...
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...
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...
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...
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...
It depends on what you mean by distinction.
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” ...
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...
Nobody would expect me to bring in the Civil Service Commission.
They are already under very good——
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...
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.
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. ...
I will certainly examine everything that has been said about it. I will not promise anything further beyond that.
There are many safeguards. Amendment, by leave, withdrawn. Question proposed: “That section 6 stand part of the Bill.”
An appeal?
If that is not already adequately covered, I will have a look at it.
No. They are one and the same thing and this actually occurs in legislation frequently.
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.
Exemptions may be appealed against. I will have a look at it.
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...
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...
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...
It explicitly prohibits the charging of registration fees.
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.
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 ...
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 ...
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...
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...
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...
Yes.
Or the name and address.
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 ...
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...
I would not agree that the words “controlling and supervising” mean that the Minister can do anything.
Section 9 deals more specifically with this question of records.
Amendment No. 5 deals with that.
Paragraphs (a), (b) and (c) of subsection (2) of section 9 deal with this.
Subsection (3) of section 9 states——
——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...
I am not denying they are relevant, but they are more appropriate to section 9.
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...
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...
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...
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...
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...
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.
Next sitting day or three weeks, whichever gives most time.
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