Results 601-620 of 2,815 for speaker:Tony Killeen

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: Amendment No. 5 arises from an amendment tabled by Senators O'Toole and McDowell on Committee Stage. Amendment No. 5 does not quite do what they intended but I was impressed by part of their argument and the Bill is considerably strengthened by the inclusion of this particular amendment, which concerns the right of the employee to get information about the number of employees in an...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: The original proposal would have sought to give trade unions the right to request information on employee numbers. In these amendments I have provided alternate methods besides the narrow one originally available. It is not quite what the Senators seek but it improves the Bill because it gives employees several alternatives for getting effectively the same information. Senator Quinn is quite...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: I have checked with Parliamentary Counsel about the effect of amendment No. 10 which would de facto move what is in section 6(3) to the top of that section, 6(1). I am satisfied that what Senators Quinnn and Coghlan are trying to achieve is already the de facto situation. I was concerned about the equal weight given to election and appointment and would like to have had more time to consider...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: It is open to the Labour Court to take whatever action it deems necessary. It has a great deal of experience in this area and I am more than happy to leave it with the discretion in that instance.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: Senator McDowell is correct regarding amendment No. 14. I am assured that the Labour Court has full discretion in this area, including the discretion to hold fresh elections. I suppose that may well be the likeliest outcome in any event. Before Senator McDowell arrived, I pointed out that the principle of amendment No. 12 was interesting. What we have tried to do in transposing the directive...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: I have had a further look at this matter since the last occasion and have discovered that in Denmark, Germany, Greece, Italy and Spain, a trigger mechanism is provided in such legislation. The point the Senators make in these amendments is that they would prefer a higher figure. The figure we have used comes from the Transnational Information and Consultation of Employees Act 1996 and is...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: I apologise to Senator Quinn for not referring to amendment No. 16. We had a long discussion about whether a nominated officer would be preferable to a nominee of the court. It seems to me that there are some advantages in allowing the court to have a nominee. Situations arise where there are people of a particular expertise, perhaps, but also particular relations with employers and employees...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: I welcome amendments Nos. 23 and 27 tabled by Senators Quinn and Coghlan. My alternative amendments are tabled on the advice of legal counsel. They perform exactly the same function but I am advised this is a better way to deal with the issue.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: A strong case was made by Senators Quinn and Costello with regard to the wording of this section. I am prepared, by means of amendments Nos. 29 and 32, to accept the proposals contained in amendment No. 30. The wording used in section 11 describes the systems of information and consultation that may exist under the Bill. I am conscious of the importance of being accurate and, on the advice of...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: My advice was that the phrase "to exercise the right to information and consultation through employees' representatives" was a better form of wording than "to be informed and consulted through their representatives" because the former mirrors the directive.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: This matter is similar to the subject of the discussion we held a few moments earlier. As I outlined on Committee Stage, the directive leaves considerable discretion to member states in setting out national procedures. We used this discretion to tailor the legislation to Ireland's workplace culture. My policy approach in transposing the directive has been to provide maximum flexibility to...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: This amendment refers to section 12 of the Bill, which I have been examining in its entirety. I am satisfied that the section as it stands meets the requirement. I understand what Senators Quinn and Coghlan are trying to achieve but the directive contains broad wording with regard to this area. I am unwilling to tamper with the wording of section 12 because it is already capable of capturing...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: I made a promise to revisit this issue on Report Stage. A number of amendments were proposed by both sides of the House and an interesting discussion ensued. I have given considerable thought to a number of issues arising from these proposals. These amendments are grouped because they address the issue of protections given to employee representatives under the Bill. Provision is being made to...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: I only spoke about the parts of the amendment in the names of Senators McDowell and O'Toole that I was accepting; there are also the other two elements. The definition of what constitutes penalisation in the Senators' amendment is based on the Industrial Relations (Amendment) Act 2004. The Act provides a dispute resolution mechanism in situations where it is not the practice of the employer...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: To deal with the latter point first, on a point of principle, I have no difficulty in going to the other House, taking amendments there, and coming back to Seanad Éireann with them. I did that with a previous Bill and if it improves this one, I have no difficulty doing so again. I will look at that, but I am quite strongly of the view that what Senator Quinn is trying to achieve has already...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: Members will remember that on Committee Stage we provided a role for the Labour Relations Commission in the dispute resolution process, after internal company procedures have been exhausted and before referring matters to the Labour Court. That is the most effective way to deal with such issues. I have sympathy with the point made by Senator Quinn and I have examined this matter very...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: This amendment is technical in nature and, on the advice of the Parliamentary Counsel, aims to ensure consistency throughout the Bill.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: These amendments are all technical in nature and are required to correct the order of section numbers listed in section 20.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: This arises, indirectly, from the discussion on a previous day, where Members strongly believed that we should ensure consistency between the Bill and the wording of the directive. These amendments are technical in nature and arise from that earlier discussion.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Tony Killeen: As regards amendment No. 60, which would seek the removal of the wording "unreasonably withhold consent to proposals made by employees or their representatives", we must look at this proposal in the spirit of the legislation. It appears to be sensible to include this provision. If we omit it, we are de facto saying that, in any circumstances of their choosing, employers could unreasonably...