Results 201-220 of 2,815 for speaker:Tony Killeen

Written Answers — Bullying in the Workplace: Bullying in the Workplace (21 Apr 2005)

Tony Killeen: Violence in any sector of the economy is a matter for reporting to the Garda for investigation and prosecution where an offence has been committed. Where violence is identified as a hazard at the workplace, employers are required under the Safety, Health and Welfare at Work Act 1989 to include a provision in their safety statement to deal with the problem. While there are no specific...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: We had a long debate on 23 February on the related amendments Nos. 16, 17, 18 and 36 which deal with section 13(1)(c). In response to questions raised by Deputies, I pointed out that the provisions in this section will only come into play after regulations have been put in place. I also emphasised my intention to have the Health and Safety Authority prepare draft regulations in consultation...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I acknowledge that Deputy Howlin's amendment differs from that proposed on Committee Stage and excludes the areas about which I expressed concern on that occasion. Concerns were expressed with regard to health and safety provisions in domestic situations when the Bill was published almost a year ago. Unfortunately, more cases have been brought to our attention in the interim period....

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: The concern about health and safety prompted the initial inclusion of this provision. There are possibilities, for example, regarding electrical installations, gas installations etc. Unfortunately, in a very small number of cases employers clearly have little regard for their employees, particularly if those employees are foreign nationals. This House would send a very poor signal if we were...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: While the Deputy is right about the majority of employers, considerable evidence suggests that a small group of employers, including some who employ foreign workers for domestic duties, have little regard for the law across a range of areas, including the minimum wage and health and safety issues. Therefore I am not disposed to accept the amendment. The Deputy is also right that large groups...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I accept that the spirit of the amendment would clarify the situation somewhat. The advice of the Parliamentary Counsel was that while the amendment would be a useful clarification, the text would require redrafting if I were to accept it. My intention is to bring forward an amendment which deals with the point made by Deputy Morgan in the Seanad.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: We had a very long debate on this issue on Committee Stage and among the points I made was that a health hazard identified by a risk assessment is the only situation where the employer is required to put health surveillance in place and only if it is sought by the employees. That is basically the provision which the amendment seeks to have deleted. In view of this provision's importance, I am...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Employees, for reasons of medical confidentiality, have the option of refusing health surveillance. However, we had much discussion on the subject on Committee Stage and there were a number of instances where it might be necessary to make the health surveillance available to employees. To answer Deputy Howlin's question, monitoring would be carried out by an occupational health nurse or...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Unfortunately, the notes in my possession refer to all the amendments together, so forgive me if I repeat some of them as we proceed. The amendments propose changes to the section on protection against dismissal and penalisation. We had a substantial debate on this matter and it is extremely important that the protections provided for in the legislation as it is stands be maintained. This is...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: The provision would remove section 27(1). In this section, penalisation includes any act or omission by an employer or person acting on behalf of an employer that affects to his or her detriment, an employee with respect to any term or condition of his or her employment. It seems to be a fundamental requirement of the act in this particular area, that an action by an employee regarding health...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: This amendment seeks to delete lines 47 and 48 on page 36 and to substitute "in this section 'penalisation' means". The legislative framework covering protection against dismissal and penalisation contained in section 27 and later sections is similar to that in other worker protection legislation. This amendment and amendment No. 22, if accepted, would considerably weaken the provision in...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I understand Deputy Morgan's intention with regard to this amendment. However, among the provisions in subsection (1) are "anything that affects the employee to his or her detriment". That definition covers harassment. If one stipulates that the terms "harassment" and "bullying" must be included in the Bill, one could find arguments for including a range of other terms as well. Including the...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: The terms "coercion" and "intimidation" are already specified in section 27(2)(e). All the provisions which are specified lend themselves readily to being understood. I do not agree with Deputy Morgan that the inclusion of the term "harassment" would lend itself either to clarity regarding the provisions or to strengthening the provisions of the section. It would have the opposite effect.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Deputy Howlin is quite correct in suspecting that the schoolmaster in me had a particular view regarding syntax and grammar when he presented the original amendment. Another thing I have learned along the way is that syntax and grammar do not necessarily cut it when it comes to legal matters. I did what I undertook to do on Committee Stage and referred the Bill to the Parliamentary Counsel,...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I have also learned that it is generally very foolish not to accept legal advice in these situations. In the circumstances, I do not think it would be sensible to accept the change proposed by Deputy Howlin, notwithstanding my view on the grammar.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Deputy Durkan will be pleased to know that we will be dealing with a "may or shall" amendment in the not too distant future.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: To address Deputy Howlin's question, it is no harm that all the provisions of subsection (3)(f) are subject to subsection (6), which states: In determining whether the steps which an employee took or proposed to take were appropriate, account should be taken of all the circumstances and the means and advice available to him or her at the relevant time.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: It may well have been what led the Parliamentary Counsel to give the advice on preferring the word "danger" to that of "circumstance" in line 27.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I do and my difficulty is that, were I to accept this amendment in opposition to the legal advice, I might be placing an employee at a disadvantage should the matter be challenged in the courts.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Despite my view on the grammar, I accept that the term "while the danger persisted" seems clearer and more definite than that of "while the circumstances persisted".