Mr. Kevin Duffy:

I am sure Deputy Barry will appreciate that it is not possible for us to say whether the proposals that we have put forward, if implemented, would apply to the particular set of facts that Deputy Barry has envisaged. We would have to go into it in far more depth. What we did intend in formulating the proposal was a situation where, as I said in response to Deputy O'Reilly, if it could be established that there was an entitlement to enhanced redundancies, established either by a collective agreement or by custom and practice - I think most people understand what custom and practice means - then a mechanism could be provided whereby effectively compensation equivalent to the amount of the enhanced redundancy could be obtained if the employees were deprived of the opportunity to enter into negotiations with their employer. If the facts fit that type of situation, then the proposals, if implemented, would deal with it. Of course, if an award is made under the Workplace Relations Act by virtue of section 49 of that Act, then it has priority.