Results 521-540 of 2,815 for speaker:Tony Killeen

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

Tony Killeen: The final point made by Senator McDowell is interesting. It may well be that because of the situation with undertakings and because there is provision for people in different areas to have slightly different agreements and arrangements, representation will not be pro rata between the various branches and the main part of a company's operations. On the other hand, it would be a pity to...

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

Tony Killeen: I want, in so far as it is possible, to maintain flexibility. I will examine the implications of the Senator's proposal, which I had not previously considered. I will see if I can take cognisance of it in some way. Although it will be difficult, if not impossible, to so do, I will examine it.

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

Tony Killeen: I thank Senators for their views in this regard. There is a considerable overlap with the matters which the House has just dealt with in respect of Senator McDowell's amendment. There is considerable merit in amendments Nos. 33, 36 and 37. Clearly, in view of the point raised previously by Senator McDowell about the pro rata element, I must examine the implications of accepting these...

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

Tony Killeen: These amendments are both technical in nature and the advice of the Parliamentary Counsel is that neither is necessary and clarity would not be improved by accepting them. The points are covered adequately.

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

Tony Killeen: With the exception of Senator O'Toole's amendment, these are technical in nature. Amendment No. 40 involves a serious change we have discussed in some respects. It would remove some of the options provided by the Bill for approving a pre-existing agreement. This is the three options issue we dealt with in section 8.

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

Tony Killeen: This is one of the provisions we examined closely. The legal advice is that there is already a clear link with Schedules 1 and 2, which Senator Quinn is trying to achieve in this instance. It would be superfluous to make this amendment to section 10 now.

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

Tony Killeen: We originally intended to discuss this amendment with amendment No. 3 and I am experiencing difficulties chasing down my notes. Section 11 provides that employees can change from direct involvement to a system of collective representation. We have discussed many of the arguments on that matter, such as the 10% trigger mechanism. Once 10% or more of employees request something, a majority of...

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

Tony Killeen: The central point made by Senator McDowell relates to the discussion we had earlier on the definition of consultation when I said very clearly that sending out an e-mail or a newsletter does not meet the requirements of the definition in this regard. Part of the difficulty in this section lies in the question of using direct involvement or having representatives. The Bill strikes a very fair...

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

Tony Killeen: The companies which have been under the strongest attack appear to have made considerably better efforts than many other companies to make information available to their employees. Perhaps in the past they tended to do so almost exclusively or to great extent through one method of delivering information. This will clearly not meet the requirements of this directive. There is now a requirement...

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

Tony Killeen: Senator McDowell is right to seek to establish exactly what is involved in consultation. The definition of consultation is "an exchange of views and establishment of dialogue". Senator McDowell's central point is that consultation must be active, which is what is intended in this instance. My ignorance about possible models has been ameliorated somewhat because I have just received some...

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

Tony Killeen: I should have acknowledged the role of the NCCP in preparing this information. It has done considerable work and I thank it. My impression is that it would not be confined to annual meetings. We will have a row about how many meetings should be held later. In my view, the system to operate with regard to individuals would not be confined to a single process. It seems far more likely that it...

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

Tony Killeen: The amendment seeks to impose an additional obligation on the parties to work in a spirit of co-operation when preparing for or entering negotiations as well as when defining or implementing the practical arrangements for information or consultation. We all certainly would wish it were the case, but the legal advice I received suggests it does not strengthen the legislation; it is...

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

Tony Killeen: Section 12 states: When defining or implementing practical arrangements for information and consultation under this Act, the employer and one or more employees or his or her representatives (or both) shall work in a spirit of co-operation, having due regard to their reciprocal rights and duties, and taking into account the interests both of the undertaking and of the employees. It is not...

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

Tony Killeen: The amendment is in Senator McDowell's name; it is not a Government amendment.

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

Tony Killeen: Section 13, as drafted, makes it an offence for an employer to penalise an employee representative for performing his or her functions under the legislation and that is fair and reasonable. A code of practice already exists with regard to employee representatives. Strong penalties are imposed for this type of offence, including up to three years' imprisonment on conviction and indictment. The...

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

Tony Killeen: It is one of the areas I am prepared to examine but I do not promise anything.

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

Tony Killeen: If I were being facetious I would suggest that I have no difficulty, as it will be my successor who will do it. However, that area is quite fraught and difficult. I would be most reluctant to leave it as a legacy for a successor. I do not consider it to be a central issue in regard to the operation of the information and consultation system. I would be most reluctant to go that route.

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

Tony Killeen: I take it that we are discussing amendments Nos. 52 to 62 together.

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

Tony Killeen: Amendment No. 52 is not being pressed by Senator McDowell. It would have involved the deletion of section 11 in any event. Amendment No. 53 requires the insertion of ", subject to subsection (2)," after "may" in page 12, subsection (1), line 39. The amendment was proposed on the advice of the Parliamentary Counsel and it provides a cross-reference to subsection (2), which is amended by...

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

Tony Killeen: Amendment No. 56 seeks to delete to delete section 15(2), which provides that the court can appoint a mediator. However, amendment No. 55 will achieve this, if accepted. Amendment No. 57 states: In page 12, subsection (2), line 46, after "dispute." to insert the following: "Where a system of direct involvement operates only, the referral to the Labour Court may be from one or more than one...