Results 501-520 of 2,815 for speaker:Tony Killeen

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

Tony Killeen: That was the second point I made. With regard to the definition of "undertaking", regardless of whether it is only in the directive or in the Act or both, it is the same definition. On the basis of the definition, it is a matter of determining whether a company or undertaking comes within the terms of the requirement. As the definition includes the phrase "whether or not operating for gain",...

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

Tony Killeen: Regardless of whether the definition is in the legislation, which is the only effect of passing this amendment, it remains the same definition. The clarity sought by Senator Quinn will not, therefore, arise from including the amendment in the legislation per se but from the interpretation of the definition. It is the same definition in both cases. This is a slightly different matter and there...

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

Tony Killeen: These amendments are necessary to ensure that the correct reference is made in the Bill to the Protection of Employment Act 1977, as amended. On the advice of the Parliamentary Counsel, the regulations named in the proposed deletion do not amend the Protection of Employment Act 1977, so the amendments are required for technical reasons.

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

Tony Killeen: The purpose of section 3(2) is to comply with Article 9 of the directive which states that it shall be without prejudice to certain directives that deal, inter alia, with information and consultation to employees in certain situations, such as, for example, collective redundancies or transfer of undertakings in European works councils. It specifically states that this implementation must not...

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

Tony Killeen: I am assured that this is the position.

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

Tony Killeen: If the amendment was to be accepted, its impact would be to replace the word "a" with the word "the". The reason the word "a" has been used is that three different threshold levels, namely, 150 employees, 100 employees, and 50 employees will be used up to 2008. They will be introduced at different stages, at yearly and biannual intervals, up to 2008. In that context, the term, "a threshold"...

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

Tony Killeen: That is my understanding. I referred to the threshold issue and said that, when it arose, I would take the view the threshold would stay in place.

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

Tony Killeen: I believe section 11 stands alone in that regard but I will examine the matter before Report Stage.

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

Tony Killeen: Section 5 sets out the method of calculating workforce thresholds for the purpose of determining whether the legislation applies to a particular undertaking. The section imposes an obligation on the employer to provide details of the workforce numbers to one or more employees, to the Labour Court or its nominee following receipt of a request. The amendment would seek to delete the obligation...

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

Tony Killeen: Were the amendment accepted as presented, it would have the effect, which Senator O'Toole said is unintended, of providing a right for a trade union or excepted body to make a request to an employer for details of employee numbers even if it had no members working in that particular undertaking, which would not be desirable. We must remember the context as we are merely discussing...

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

Tony Killeen: Section 6 as it stands represents a good balance between the interests of employers, employees and their representatives. I assure Senators that no section in this Act took more time, examination or attempts to reach agreement with the various parties. This section seeks a number of fair and equitable balance in terms of the interests of both employers and employees by achieving what is...

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

Tony Killeen: The question about trade union officials is not covered under the legislation because the requirement specifies the representative should be an employee of the undertaking.

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

Tony Killeen: That is correct as regards the provision of information and consultation. The legislation provides that it must be an employee. The other point raised by Senator McDowell relates to cases where an employer does not conduct collective bargaining negotiations with a trade union or other accepted body. As the Cathaoirleach and Senators McDowell and Quinn will be aware, that is an issue for...

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

Tony Killeen: I apologise for my error in omitting to mention that a majority of employee representatives or employees could approve such agreements. I thought I had referred to this option. While I understand the Senator's point on the complexity of the information in certain circumstances, the provisions of the legislation arising from the directive apply to employees in a particular work environment. It...

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

Tony Killeen: It also applies to politicians of other parties.

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

Tony Killeen: Having examined the amendment carefully, I am assured that the Bill, as drafted, provides discretion for the Labour Court as regards the determination it may issue under this section. The amendment is not necessary.

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

Tony Killeen: The note kindly provided to me deals with the entire group of amendments.

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

Tony Killeen: Government amendment No. 28 is a technical amendment recommended by the Parliamentary Counsel, as is amendment No. 31. This amendment adds clarity to the subsection and provides that the Labour Court shall notify the employer and the employees whether the employment threshold has been met in terms of a request from the employees for the establishment of information and consultation...

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

Tony Killeen: I inadvertently said that the maximum employee threshold is the greater of 10% of employees, or 100 employees. I should have said that it is the lesser of 10% of employees, or 100 employees. I am sure some Senators noticed my error. Senator Quinn made a reasonable point about the provision as it will apply to 2% of employees in a large company. However, I remind him that 100 employees...

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

Tony Killeen: There would be a number of effects of accepting this amendment. For example, by deleting the wording "establishing one or more information and consultation arrangements", it reduces the flexibility allowed to employers and employees to agree different information and consultation arrangements to govern different branches or units within an undertaking. We had this debate earlier and I...