Results 421-440 of 1,683 for speaker:Derek McDowell

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: While I agree with the Minister of State to some extent, the difficulty is that the requirement to hold a minimum of two annual meetings will result in twice-yearly meetings becoming the norm. Perhaps it would have been preferable to stick with a formula which would allow regular meetings to be held, rather than prescribing a specific number of meetings. Having opted to prescribe, I hope two...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: Although I discussed the amendment in my name, which I moved, I did not address the other amendments and wish to do so before the Minister of State replies. I am sitting here in bewilderment listening to colleagues on the IBEC side of the argument. This is unreal. On one hand, they are stating that information and consultation is a wonderful proposal, that it is good practice and that all...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: How is it dangerous?

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: A fundamental issue is at stake in this group of amendments. It is clear that there are significant differences between my opinions on the matter and those of my colleagues. The Minister of State said that employees have "a right" to information and consultation. If we all agree that it is a good and fine thing that they have such a right — every Senator who has contributed to this debate...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: I can give the Minister of State's answer for him. It is interesting and instructive to read the EU directive, which is clearly intended for the companies about which Senator White is talking. This matter originally arose at EU level in the context of globalisation and the movement of capital. It was necessary to take account of the fact that many of the multinational corporations operating...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: The section provides for the trigger mechanism and since I have objected, in principle, to the whole notion of such a mechanism, it is appropriate to oppose the section.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: I move amendment No. 32: In page 8, before section 8, to insert the following new section: 8.—(1) An agreement establishing information and consultation may be negotiated by the employer and the employee representatives (to be known and in this Act referred to as a 'negotiated agreement'). (2) A negotiated agreement shall be— (a) in writing and dated, (b) signed by the employer, (c)...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: One could argue that I am not acting to type in this respect. However, my basic argument is simple. Members are discussing the establishment of a mechanism which will continue for ten or 20 years. My point is that, at the outset of the implementation of that mechanism for information and consultation, it should have the approval of the people to whom it applies, namely, those working in that...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: Possibly, it could become even more complicated. For example, it is possible that a minority of workers in a particular enterprise would be unionised and recognised, would have a system of collective bargaining within the enterprise and would be entitled to nominate someone as an employee representative. They might constitute 20% of the workforce. Effectively, a different system, by way of...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: I am happy to withdraw the amendment in the context of the Minister of State's assurances.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: We have already held a lengthy debate on this matter. The amendment seeks to reduce the three options to one.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: I move amendment No. 45: In page 10, subsection (1), lines 11 to 14, to delete paragraph (b). It is not my intention to pursue this matter. The amendment would be consequential on removing the trigger mechanism and, as the Minister of State is clearly intending to retain the mechanism, would not be an option for employers to refuse to negotiate.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: There are a number of different amendments that pull in different amendments, which makes it slightly difficult to get one's head around the issue. We must be straight about what is intended in the amendments in my name and the name of Senator O'Toole. These amendments aim to ensure that if there is a trade union that has members in a particular undertaking, the employer should deal with it....

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: I endorse what has been said by Senator O'Toole. It is an important argument to which I expect we will return. I wish to broaden the discussion on trade unions. On reading subsection (3) it appears that trade unions will have the right to appoint or elect a representative from among their members, subject to several different conditions. First, there must be a system of collective bargaining...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: A number of amendments were being debated at the same time.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: Amendments Nos. 16, 19, 20 and 22 are in my name. Before the suspension of the sitting I had put a few questions to the Minister of State, specifically relating to the role of trade unions and the effect of section 6(3). Assuming there was a 10% threshold in place, I was seeking to inquire whether it was open to employers to tell employee members of a trade union that they were not going to...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: It is not possible for a worker to say that he or she wants to be represented by a trade union official if that person is not employed in that undertaking.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: I am glad the Minister of State has clarified the fact that trade union officials are effectively precluded from this. This is a return to the bad old days. We are dealing with large companies, not small concerns. If the information to be provided is to be meaningful, it is likely that it will be technical and complex. It is asking too much to expect individual employees in the workplace to...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: The Minister of State's comparison is spurious. Let us take Irish Ferries, assuming it will be governed by the legislation, as an example, although this may not be the case given the flag of convenience under which its vessels sail. No employee of Irish Ferries will bring a bank manager or parish priest along to consultations but he or she may well want to be accompanied by a professional...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Committee Stage. (12 Oct 2005)

Derek McDowell: In often complex circumstances, in which employees must deal with employers who have a range of expert advice available to them, it is not unreasonable that employees have the professional advice of trade union officials at their disposal, on condition that trade unions are organised in the workplaces in question. It is open to the Minister of State under the terms of the directive to make...