Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 36:

In page 41, between lines 3 and 4, to insert the following:

"(3) A person who is being interviewed under subsection (2) may, if he or she requests, be accompanied—

(a) where the person is a member of the staff of the railway undertaking, by one other member of the staff,

(b) where the person is a member of the staff of another person engaged by the undertaking, by one other member of that staff,

(c) by one person from an organisation which represents, as the case may be, the staff of the undertaking or the person engaged by the undertaking, or

(d) at his or her own expense, by a legal or other adviser.".

On Committee Stage, my predecessor agreed with Deputy Shortall's suggestion in her amendment No. 31 that a worker should be allowed trade union representation when being interviewed by a railway undertaking or by the commission in connection with the investigation by either party of a railway accident. Amendments Nos. 36 and 103 are intended to address this issue. These amendments provide that a person may at his or her request be accompanied by a colleague or trade union official when being interviewed by a railway undertaking or by the commission's investigation unit in respect of a railway accident. A person may also be accompanied when being interviewed by the commission in respect of any other matter. I am also providing that the person may also be accompanied by his or her legal adviser in these situations.

Amendment No. 102 is a consequential amendment to section 73(3)(k) of the Bill deleting a commission inspector's power of discretion over whether to allow a person be accompanied when being interviewed. Section 73 specifies the powers of the inspectors of the commission. Deputies Shortall and Crowe have tabled amendments providing for similar matters. I, therefore, invite the Deputies to withdraw their amendments Nos. 38, 41 and 105. This amendment arises directly from Deputy Shortall's intervention on Committee Stage. I am following through on what my predecessor agreed.

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