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Tánaiste approves appointment of new Director General of FÁS.

Thu 4 Dec 2008 07:07 pm filed by the Editor - Ireland

Tánaiste and Minister for Enterprise, Trade and Employment, Ms. Mary Coughlan, T.D., today approved a proposal by the Board of FÁS for the appointment of Mr Eddie Sullivan to the post of Director General of FÁS on an interim basis.

Mr. Sullivan is a former Secretary General (Public Service Management and Development) at the Department of Finance. In giving her consent to the appointment, the Tánaiste re-iterated that FÁS should concentrate on its core mission, given the employment and training challenges currently facing the country and she expressed her support for the work of the new Director General and the Board in that regard. In particular, she acknowledged the ongoing commitment of the staff of FÁS in meeting these challenges. She again placed particular emphasis on their work in addressing the situation affecting redundant apprentices, training for those unemployed, providing supports for people with disabilities, the up-skilling of the workforce and the continued operation of Community Employment Schemes. The Tánaiste also welcomed the statement by the Comptroller and Auditor General at today’s Public Accounts Committee hearing that he would soon begin his examination of the effectiveness of management and control systems in the FÁS organisation and that he would finalise his terms of reference shortly in consultation with her Department and the Public Accounts Committee. Read More ... comments (0)

Minister Kelleher welcomes initiatives to tackle competitiveness challenges in hospitality sector

Wed 3 Dec 2008 02:26 pm filed by the Editor - Ireland

Minister  for Labour Affairs Billy Kelleher today (Wednesday 3 rd  December,  2008)  welcomed  the  agreement  by  employer  and  trade  union  representatives  on  the two catering sector Joint Labour Committees (JLCs)  to  convene  a  meeting on Friday 5th December to consider arrangements for  the  establishment  of  a single committee for the sector and to review the  terms  and  conditions  that  feature  in the Employment Regulations Orders  (ERO’s)  covering  the  sector, including the issue of the premium paid for  Sunday work.

The  Minister  also  welcomed a separate development relating to the hotels  sector, where a proposal has been agreed to establish a forum consisting of  IBEC  and  the  Irish Hotels Federation (IHF) on behalf of employers in the  industry  (who  engage in collective bargaining) and SIPTU to contribute to  the   development   of   a  sustainable  industry  providing  high  quality  employment. The  Minister  said:   “I  warmly  welcome  the  initiative  of the  Social  Partners  in this area and I hope that constructive dialogue will result in  practical  measures  to  help  address  the  severe challenges facing those  working  in the hospitality sector.   In my recent contacts with the Social  Partners, I have taken the opportunity to highlight concerns which had been  raised regarding the continued viability of services provided by hotels and  catering establishments and the sustainability of employment in many areas. These  initiatives demonstrate the responsiveness of both employers and the  trade  unions  to  these  issues  and they provide a welcome opportunity to  promote  a  shared  understanding  of current problems in the spirit of the  principles  underpinning  the  recently  ratified Towards 2016 Transitional  Agreement". The Minister noted that these initiatives complement the efforts being made  by the Labour Court to give effect to commitments in the social partnership  agreement  Towards  2016  regarding the modernisation of the JLC system. On  foot  of these efforts, the Labour Court had already received the agreement  in  principle of the two existing JLCs for the catering sector to effect an  amalgamation of these bodies. While  it is understood that the proposed hotel industry forum will operate  for  two  years  up  to  the end of 2010 and have regard to a wide range of  employment  and  industrial  relations  issues  arising  from  the  current  challenges  facing  the hotels sector, priority attention is to be given to  the  current  difficulties  cited by employers in the sector as a result of  the  operation  of  the  JLC  system  (with particular reference to ‘Sunday  Premium’). Minimum  rates  of  pay  and  other conditions of employment for workers in  certain sectors, including the hotels and catering sectors, are set down in  Employment Regulation Orders (ERO’s) made by the Labour Court. These orders  are  determined  on  the  basis of proposals negotiated and drawn up by the  relevant  Joint  Labour  Committees (JLCs). The JLCs are independent bodies  and  are  composed  of  equal  numbers  of representatives of employers and  workers  in  a  particular  sector  with  an independent Chairman. The JLCs  covering the Catering and Hotels sectors have, over the years, agreed terms  and  conditions  that  include the payment of premia for Sunday work to the  workers covered by their respective remits. Read More ... comments (0)

Four-year sentence for online journalist who posted dissident ayatollah’s sermon

Tue 2 Dec 2008 07:33 pm filed by the Editor - Journalism

Reporters Without Borders has condemned the four-year prison sentence which a special court for the clergy in the religious city of Qom imposed on online journalist and cleric Mojtaba Lotfi on 29 November for disseminating the views of Ayatollah Hussein Ali Montazeri and for “publicity against the government.” Full story - (links to www.rsf.org)

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Under the thumb of state corruption

Tue 2 Dec 2008 07:26 pm filed by the Editor - Opinion

Two national Irish newspapers have been blocked from publishing the main conclusions of the Moriarty tribunal. The Irish Times and the Sunday Business Post were contacted by a solicitor acting for the tribunal late on on Friday night with the threat of an injunction, the UK-based Guardian newspaper has reported.

The Moriarty Tribunal, a public inquiry, was set up in 1999 to investigate if payments from Irish businessmen to Charles Haughey, the former prime minister, who died in June 2006, and the former communications minister Michael Lowry influenced their decisions in awarding telecommunications contracts. The Guardian also reported that ‘The findings also call into question the veracity of the evidence these civil servants gave under questioning at the tribunal, which was headed by Mr Justice Michael Moriarty. The documents that the two papers were prevented from printing make clear that the judge does not accept the evidence given to him by the civil servants in question’. Neither The Post, nor The Times which had to halt its press run, later published any information regarding the gagging. The Guardian however reported that ‘Irish government officials confirmed that the present Fianna Fáil-led administration will resist attempts by the tribunal to single out senior civil servants for blame. They said this could entail a further battle through the courts between the government and the tribunal’. The Moriarty tribunal has so far cost the State €33.7 million of public money and it is expected that legal costs associated with the inquiry may top a further €500million. Gagging a newspaper from publishing legitimately obtained details of a government-ordered public inquiry into corruption within the government is a Machiavellian development that can only portray all involved in an extremely poor light. Read More ... comments (0)

Judiciary under attack from Government in East Timor

Tue 2 Dec 2008 06:20 am filed by Warren Wright - EastTimor

In a press release today (02/12), East Timor's opposition party, Fretilin, has condemned the Government's failure to ensure the extension of the appointment of one of the country's most senior judges, Judge Ivo Rosa, from Portugal, as an attack on the judiciary following the Court of Appeal's decision ruling the Government's 2008 budget law unconstitutional.

According to Fretilin, Timor-Leste's de facto government last week stepped up its assault on the judiciary by blocking the reappointment of a senior judge who ruled against key budget measures last month. The Superior Council for the Judiciary, a formerly independent but now politicised commission that oversees the functioning and composition of the judiciary, decided on 13 November 2008 not to renew the contract of Portuguese judge Ivo Rosa. This was the same day Judge Rosa published the Court of Appeal's decision declaring a large part of the Gusmao government's 2008 budget unlawful and unconstitutional. Judge Rosa is one of three foreign judges recruited by the United Nations to serve alongside seven Timorese judges in Timor-Leste. He was one of three Court of Appeal judges who unanimously ruled on November 13 that: a) The government's creation of a so-called Economic Stabilization Fund was unconstitutional in that it was equivalent to creating a "secret fund" which is expressly prohibited by the constitution, and b) Parliament's attempt to transfer more than US$290 million from the National Petroleum Fund was illegal as it breached key aspects of the law mandating sustainable use of petroleum revenue. Prime Minister Xanana Gusmao and the President of the National Parliament, Fernando "Lasama" de Araujo have publicly criticised the judgement and foreign judges in particular. In the days following the court's ruling Mr de Araujo was reported on the national state-owned television broadcaster as having said that it was "time the government brought the Court of Appeal into line." The decision not to reappoint Judge Rosa was taken to and initiated in the Superior Council for the Judiciary by the Council's interim head, Dionisio Babo Soares. Mr Soares is Secretary General of Xanana Gusmao's CNRT party (National Council for Timorese Reconstruction) and was national campaign director for the CNRT during last year's elections. He is currently an advisor in the Deputy Prime Minister's office. FRETILIN MP and spokesperson Jose Teixeira, an Australian-trained lawyer, said today he had never seen such a blatant act of political interference with the Timor-Leste judiciary. "Dionisio Babo Soares is a political operative with no judicial training or experience, and, while holding some legal qualifications, has never practiced as a lawyer. The Superior Council has only one of four members who is a judge. Yet he and the Council are passing judgement on the performance of a judge with well over ten years experience," Teixeira said. "Soares may have extremely limited professional experience with the law, but he does have a proven track record of taking riding instructions from Prime Minister Gusmao. This decision that he was instrumental in is proof of that. All our information indicates that this is so. "The involvement of such a prominent party-political figure in this decision is basis enough for FRETILIN to challenge its soundness and legality." Teixeira said the de facto government took advantage of the absence of Judge Claudio Ximenes, the President of the Court of Appeal, who is in Lisbon receiving medical treatment, to rush to get rid of Judge Rosa. "The writing has been on the wall for some time now. We knew there would be moves on the judges involved in the budget decision, especially Judges Rosa and Ximenes. The de facto Prime Minister and the President of the Parliament have voiced their public displeasure with the decision. Now we see the result of their displeasure." Teixeira said the decision also involved another member of the Superior Council, Cirilio Valadares, who is currently advisor in the Office of Prime Minister Gusmao. "The de facto government, having stacked the Superior Council for the Judiciary with its political operatives, is now expected to move against Judge Ximenes and install a judiciary favourable to their administration," Teixeira said. "How will we ever be able to enforce laws in this country with this type of political interference and disregard for the rule of law, the courts and the constitution? From our point of view this is only the tip of the iceberg, and the independence of our judiciary is under a genuine and unprecedented threat." From East Timor Law and Justice Bulletin Read More ... comments (0)

Statement by Tánaiste Ms. Mary Coughlan, T.D., regarding FÁS

Sun 30 Nov 2008 01:15 pm filed by the Editor - Ireland

Tánaiste and Minister for Enterprise, Trade and Employment, Ms. Mary Coughlan, T.D., met on Friday with the Chairman and some members of the Board of FÁS, the Training and Employment Agency.

The Tánaiste reiterated her disquiet at the recent revelations concerning activities in the public affairs division of FÁS, including those relating to foreign travel, but welcomed the Board’s assurance that action had now been taken to deal with these matters. The Tánaiste made it clear that she wanted the FÁS organisation to remain focussed on its core mission, given the employment and training challenges currently facing the country and she expressed her support for the continuing work of the board in that regard. In particular, she acknowledged the ongoing commitment of the staff of FÁS in meeting these challenges. She placed particular emphasis on their work in addressing the situation affecting redundant apprentices, training for those unemployed, providing supports for people with disabilities, the up-skilling of the workforce and the continued operation of Community Employment Schemes. During the course of the meeting, the Tánaiste acknowledged the work of the Board and, in particular, of its Audit Committee to date in addressing the issues raised by the FÁS Internal Audit Reports, which were referred to in the Comptroller and Auditor General’s report currently under consideration by the Public Accounts Committee. The Tánaiste said she looked forward to the Comptroller and Auditor General beginning his examination of the effectiveness of management and control systems in the FÁS organisation, which she had requested in September, once the Public Accounts Committee has completed its current hearings. Read More ... comments (0)

Tánaiste Moves to Bring Sales Law "into 21st Century"

Thu 27 Nov 2008 06:16 pm filed by the Editor - Ireland

The Tánaiste and Minister for Enterprise, Trade and Employment, Mary Coughlan T.D, today (Thursday 27th November 2007) announced the establishment of an expert group, chaired by Professor Robert Clark of UCD, to review the legislation governing the sale of goods and supply of services.

The Tánaiste said that she had initiated the review for two main reasons. "Firstly, the proposed EU Directive on Consumer Rights published on 8 October will have a profound long-term effect on consumer rights and law in Ireland. It is vital that we are in a position to understand fully the provisions and implications of the proposed Directive and the Review Group will have a central role to play in the formulation of our response to the Directive. "Secondly, the current body of legislation is a mix of the 1893 pre Independence legislation and the 1980 Act together with secondary legislation deriving from EU Directives. This has made it difficult for consumers and businesses to understand their rights and obligations. There is clearly a need for modernisation and consolidation of the law in line with the objectives of the Government’s Better Regulation programme. "The Sale of Goods Act 1893 was a pioneering piece of legislation in its day but does not provide an adequate legislative basis for commercial transactions in the twenty first century", the Tánaiste added The Review Group will hold its first meeting on Friday, 28 November. It will prepare an analysis and evaluation of the proposed Consumer Rights Directive in the first quarter of 2009 and is expected to complete its work by mid-2010. 1. Terms of Reference of the Sales’ Law Review Group To review the general sales law provisions of the Sale of Goods Acts 1893 and 1980 and to make recommendations for a scheme of legislation capable of providing a statutory sales law framework appropriate to modern-day conditions and needs. To examine the provisions of the proposed EU Directive on consumer contractual rights in the light of existing Irish consumer law and assess its implications for Irish consumer rights and law, to contribute to the development of the Irish response to the proposed Directive, and to consider and make recommendations as to how the Directive and Irish contract and sales law may best be integrated. To consider and make recommendations on other matters related to Irish sales law and the common law and statutory framework of that law, including dispute resolution mechanisms in Ireland. 2. Membership of Sales’ Law Review Group Robert Clark, Chair, is an associate professor in the School of Law, University College Dublin. He is a barrister and a consultant to Arthur Cox, Solicitors, where he specialises in commercial law, technology and life sciences issues. His textbook, Contract Law in Ireland, has recently appeared in a sixth edition and he has published many articles on contract law and intellectual property in Irish and international legal journals. Professor Clark has served on a number of Irish Government and European Commission Advisory Bodies. Tony Burke, nominee of the Irish Exporters’ Association, head of commercial department Mason, Hayes and Curran Solicitors. Caterina Gardiner LL.B (Dub.), LL.M (NUI), lecturer in law NUI Galway. Michael Kilcoyne, nominee and Vice-Chairman of the Consumers’ Association of Ireland. Roderick Maguire LL.B., LL.M. (Lond.), M.A., B.L., nominee and Honorary Secretary of the Bar Council of Ireland. Sean Murphy, legal adviser to, and nominee of, the National Consumer Agency. Richard Nesbitt S.C., Chairman of Arnotts Limited, nominee of IBEC. Kevin O’Higgins, solicitor, nominee of the Incorporated Law Society. Nathan Reilly LL.B (Dub.), LL.M. (Cantab.), barrister. Fidelma White, B.C.L., LL.B., LL.M (NUI), LL.M (Lond.), Senior Lecturer in Law University College Cork. 3. Proposed EU Directive on Consumer Rights The proposed EU Directive on Consumer Rights brings together in amended form four existing EU Directives dealing with contracts for the sale of goods and services from businesses to consumers. These Directives cover unfair contract terms, sales and guarantees, distance selling and doorstep selling. The proposed new Directive aims to establish a common EU-wide set of rules so that consumers can shop with confidence across the European Union and traders can offer goods for sale on a cross-border basis without the impediment of a host of different national regulations. The proposed Directive is a maximum harmonisation measure which would mean that member states would not be able to provide greater or lesser rights in any field falling within its scope. The Directives that it seeks to replace impose minimum requirements but permit member states to go beyond those requirements in national legislation. Read More ... comments (0)

East Timor Legal News 26 November 2008

Thu 27 Nov 2008 11:27 am filed by Warren Wright - EastTimor

EU commission commissary urges Alkatiri to cooperate with the Government - Chief Judge Ximenes will not be replaced - Peace march not to topple the Government - Ermera people disagree with proposed gun law - Guterres calls on local authorities to prevent domestic violence

EU commission commissary urges Alkatiri to cooperate with the Government Radio Televisaun Timor Leste 26 November 2008 - The European Union Commission Commissary, Louise Michel, has urged the former Prime Minister Mari Alkatiri to cooperate with the current Government for consolidating peace and stability within the country. Chief Judge Claudio Ximenes will not be replaced, says Horta Radio Televisaun Timor Leste 26 November 2008 - President Jose Ramos Horta said he was yet to think about replacing President of the Court Appeal, Claudio Ximenes with other names, yet he [Horta] was concerned about his [Ximenes]’health condition preferring to have more times for having medical treatment. Peace march not to topple down the Govt: Xavier Suara Timor Lorosae 26 November 2008 - Timorese Social Democratic Association (ASDT) President Francisco do Amaral, said Fretilin's plan to conduct a Fretilin peace march was not aimed at toppling down the current Government. Defending UN Police for interest of leaders Suara Timor Lorosae 26 November 2008 - Parliamentary MPs said President Jose Ramos Horta's policy of extending the UN police mission in Timor-Leste until 2012 was just for the leaders' interest. Ermera people disagree with proposed gun law Radio Televisaun Timor Leste 26 November 2008 - A community member of Ermera district, Julio Madeira, said they disagreed with the proposed gun law which was currently being debated in the Parliament. Guterres calls on local authorities to prevent domestic violence Radio Televisaun Timor Leste 26 November 2008 - Deputy Prime Minister Jose Luis Guterres has called on local authorities and community members in Maliana to help disseminate information on preventing violence against women and children. East Timor Law and Justice Bulletin Read More ... comments (0)