Brendan Howlin (Wexford, Labour)

I thought the Minister of State might. The purpose of my amendment is to deal with section 7 as it is drafted, which concerns the process for establishing information and consultation arrangements. I suggest the replacement of section 7 with a new section 7. As I explained on Committee Stage, replacing the section as I suggest means employees in undertakings who meet the employee's threshold already set out in section 4 will have an automatic right to information and consultation. The employer is required under my proposal to enter into negotiations on arrangements for information and consultation with them.

The Minister of State's proposal can be categorised as an opt-in provision, which was available to the Minister of State on other directives from the European Union and not taken. Normal practice for the Government in dealing with these matters is not to use the opt-in model of this Bill. The facility of opt-in was available for the working time directive and the Government chose not to use it. I have not heard the rationale as to why it was chosen on this occasion. I genuinely believe the section 7 I propose to insert is better. It is more in keeping with the normal practice of the Government in past transpositions of European directives. It is a clear vindication of rights to consultation in those enterprises which meet the thresholds we set out on numbers of employees to be covered. I hope the Minister of State will either accept the amendment or explain why he is departing from normal practice in this instance.

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