I move: "That the Bill be now read a Second Time."
I am very pleased to be here to move this important legislation. I thank both Deputy Hogan and Deputy Howlin for their co-operation in ensuring that this Bill has a speedy passage through the Oireachtas. The Bill provides for the implementation of the enhancements to redundancy payment levels and other improvements to the operation of the redundancy scheme that are provided for in the partnership agreement, Sustaining Progress, and the report of the redundancy review group. The Bill will also amend the insolvency payments legislation to allow employees of insolvent companies to claim their minimum notice entitlements under the insolvency payments scheme through a liquidator or receiver without first having to obtain an award from the employment appeals tribunal.
In April 2002, the Government established a review group, in the context of social partnership, to examine the operation of the statutory redundancy payments scheme so as to ensure the scheme best met the requirements of employers and employees. The review group, which reported back to me and the Government in July 2002, agreed a range of changes to the scheme, including a simpler method for calculating service, changes in the treatment of absences from work, treatment of service abroad, simplification of application forms and a new IT system, including an e-government aspect. The group did not reach consensus on issues such as an increase in the level of statutory redundancy payments and size of rebate to employers. The partnership agreement, Sustaining Progress, endorsed the changes agreed by the redundancy review group and provided in addition that the distinction between service under and over 41 years would be removed, there would be two weeks pay for every year of service, the bonus week would be retained, and the rebate of 60% to the employer would also be retained.
On 18 February 2003 the Government approved the drafting of a Bill on a priority basis to give effect to the new enhanced redundancy payments scheme. The Government decision also approved the provision of a sum of €1 million to cover the cost of supporting IT, the funding of administration costs and operational overheads, including the enhancement of supporting IT, to be made from the social insurance fund, with arrangements to be put in place with the Departments of Finance and Social and Family Affairs. The Government also agreed to amend the Protection of Employees (Employers' Insolvency) Acts 1984 to 2001 to enable employees of insolvent companies to make claims for minimum notice entitlements under the scheme without having to obtain an award from the employment appeals tribunal.
On 30 April 2003 the Government approved the text of a Bill to give effect to the new enhanced redundancy payments scheme and the amendment to the insolvency payments scheme. The Government decision of 30 April also approved the presentation of the Bill to Seanad Éireann and circulation to Senators. The Bill was published on 7 May 2003.
When the improved statutory redundancy payments come into operation, it is estimated that a full year's cost of payments from the social insurance fund, based on the 2002 level of redundancies at around 24,000, will be in the region of €149 million. This is an increase of €96 million in the annual cost to bring the new enhanced rates into effect. An amendment of the redundancy IT system will be required to implement the full range of changes set out in the new Bill, at a cost in the region of €1 million. It is anticipated that the new system, when it is fully operational, will simplify administration, especially for employers. It will also bring improved efficiencies in administration by the Department.
Section 3 of the Bill provides that the administrative costs of redundancy and insolvency be met from the social insurance fund by means of an appropriation in aid to the Vote of the Department of Enterprise, Trade and Employment. This will provide greater accounting transparency, in that all costs – payments as well as administration – will be funded by the SIF. Detailed arrangements have been agreed between the Departments of Enterprise, Trade and Employment, Finance and Social and Family Affairs to implement these changes.
There are two pieces of legal advice from the Office of the Attorney General. Firstly, as the payment of a statutory redundancy lump sum is a legal requirement on employers, it could not be imposed on them with retrospective effect. In fact, employers are entitled to due notice of the intention to legally require them to pay enhanced rates. The Nokia case of 1984 was related to this: the then Minister for Labour sought to impose increases on employers and that was successfully challenged in the courts. Secondly, the new Redundancy Act has to be brought into effect by ministerial order after enactment by the Oireachtas. This cannot be made retrospective.
I hereby give advance notice to all employers that it is my intention to try to ensure that the new redundancy payment levels will come into effect on Sunday, 25 May 2003 or as soon as possible thereafter. This will require swift passage of the Bill through the Oireachtas. The Government has also approved an early signature motion which will be going to the Seanad later this afternoon on the assumption that the Bill passes this House by the appointed 3.30 p.m. deadline. Employees who are issued with notice of redundancy on 25 May or later will be entitled to two weeks pay per for each year of service, plus a bonus week.
It is proposed that when this Bill has passed through both Houses of the Oireachtas and is enacted, a commencement order will be made so that most sections of the Bill will become effective, including the increased payment amounts. However, section 9 will be brought into effect on 30 January 2004, while sections 7, 11 and 12, will not come into effect until well into 2004 when the new IT system becomes fully operational. A commencement order giving effect to these three sections will be made at that time.
Section 1 provides definitions of terms used in the Act. Section 2 provides that the social insurance fund may cover the administration costs of the redundancy and insolvency schemes.
Section 3 provides for the amendment of section 2(1) of the principal Act by inserting up to date definitions of "contract of employment", "employee" and "employer". These definitions are similar to those given in the Protection of Employees (Part-time Work) Act 2001 and other legislation, that is, the Organisation of Working Time Act 1997 and the Carer's Leave Act 2001.
Section 4 provides for the amendment of section 4 of the principal Act, which deals with the insurability of an employee. The purpose of amending this section is to add clarity to the insurability requirements in line with the Social Welfare Acts and the Protection of Employees (Part-time Work) Act 2001.
Section 5 provides for the amendment of section 8(2) of the principal Act. The Employment Appeals Tribunal when dealing with redun dancy cases has long been of the view that redundancy is impersonal. According to the tribunal in the case of St. Ledger v. Frontline Distributors Ltd., the statutory definition of "redundancy" has two important characteristics, namely "impersonality" and "change". This section is designed to provide certainty in this regard.
Section 6 provides for the amendment of section 9(1)(b) of the principal Act to include fixed purpose contracts and when the fixed purpose contract ceases there is a redundancy situation.
Section 7 provides for the amendment of section 17 of the principal Act. The position at present is that the three forms RP1, RP2 and RP3 are the main ones used for statutory redundancy. They contain a good deal of repetition and will be amalgamated into one form when the new IT system is available later this year; this one form will be the basis for any rebate or lump sum claim.
Section 8 provides for the amendment of section 25 of the principal Act to include an employee who started work in an employment abroad, is transferred to the company or associated company in this jurisdiction, works here for a least two years and is subsequently made redundant while working here; he will be entitled to statutory redundancy for his entire service from the date of commencement of his employment in the company abroad.
Section 9 provides for the amendment of section 39(2) of the principal Act so that the vice-chairmen of the Employment Appeals Tribunal must have been practising barristers or solicitors for at least five years. The existing service provision for the chairperson is seven years.
Section 10 provides for the amendment of paragraph 1 subparagraph (a) of Schedule 3 to the principal Act by substituting “two weeks” for “one-half” and subparagraph (b) by inserting after “product of”“two weeks of”. These amendments are known as transitional arrangements, which will allow for the payments of increased statutory redundancy levels as soon as the Act comes into force following minor changes to the IT system. These arrangements will cease to have effect on the commencement of section 11.
Section 11 provides for the amendment of Schedule 3 to the principal Act by substituting new paragraphs for paragraphs 1, 2 and 3 to allow for enhanced redundancy payments of two weeks pay per year of service plus one extra week's pay. Any excess days will be credited as a portion of a year. These arrangements will come into force when a new IT system becomes fully operational.
Section 12 provides that continuity of service is preserved when there are certain breaks in employment. It also provides that certain breaks in service are reckonable in the calculation of a lump sum except breaks occurring in the three year period prior to the date of termination of employment. These arrangements will come into force when a new IT system becomes fully operational.
Section 13 provides for penalties that may be imposed on people who defraud the system.
Section 14 provides that the minimum rates of pay laid down in the National Minimum Wage Act 2000, as updated, be taken into account when calculating a statutory redundancy lump sum.
Section 15 provides for the amendment of section 6 of the Protection of Employees (Employers' Insolvency) Act 1984 to 2001. At present, where a worker in an insolvent firm has not received statutory notice, it is necessary to take the case to the Employment Appeals Tribunal to determine the minimum notice entitlement. In order to streamline the process and relieve pressure on the Employment Appeals Tribunal it is proposed to allow these employees to submit claims to the liquidator or receiver without having to go to the Employment Appeals Tribunal, thereby diverting these cases from the tribunal and ensuring a better service.
Section 16 provides for the repeal of section 17 (4) of the Employment Equality Act 1998. This section exempted the existing calculation of a statutory redundancy lump sum, which differentiates between service under and over the age of 41, from the provisions of the Employment Equality Act 1998.
Section 17 is a standard provision, which provides for the short title of the Act and the collective citation of the Act with other relevant Acts and the standard commencement provisions.
I acknowledge the work done by the social partners within the Redundancy Review Group, which reported to me last autumn. That group proposed several improvements to the operation of the scheme to make it more intelligible for employers and employees and to streamline the scheme. These improvements are included in the Bill and will improve efficiency and customer service.
In the negotiations for Sustaining Progress all social partners reached agreement to increase the level of statutory redundancy payments. This ability of the social partners to reach consensus shows the strength of our social partnership process.
I am very pleased to bring this Bill before the House. The method of calculation of the statutory redundancy lump sum and the level of payments have not changed, except for the ceiling on the weekly wage and a small change in 1979, since the redundancy scheme came into operation in 1968 some 25 years ago. This legislation is timely. It will give a reasonable level of increased statutory payments to employees who are unlucky enough to lose their jobs through redundancy. For some it will be a fourfold increase, for others it will be a doubling of what they would get by way of statutory redundancy. It is hoped the increased lump sum payments will help to alleviate the financial hardship caused by redundancy until these employees find alternative employment.
I wish to make this point concerning meetings I had with redundant workers because I have no doubt it will arise. I never assured anybody that his or her statutory redundancy payment would be backdated. I was not in a position to do that. In the first instance, when I met workers on 12 December last, we had not even agreed to increase the level of statutory redundancy. I said to those, and perhaps to other, workers that I would do my best to ensure that they were included, and I did my best. I cannot set aside constitutional law. I had to accept the view of the Attorney General. This matter was discussed at length in Cabinet, but unfortunately it is not possible, notwithstanding some very hard cases, to make the enhanced payment of statutory redundancy payable on a retrospective basis. That is the legal, factual position. Unfortunately, there is nothing I can do about that, notwithstanding my best endeavours and the best endeavours of my officials.