Results 961-980 of 1,683 for speaker:Derek McDowell

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I move amendment No. 28: In page 12, subsection (5), line 39, after "restructuring" to insert "and following consultation with the Dublin Airport Authority". These amendments relate to the memorandum and articles of association of the companies. As the section is currently drafted, it provides that these are entirely a matter for the Minister. He mentioned earlier that he envisages dealing...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: The sequence was not my concern nor did I intend to upset it. My intention was simply to ensure there would be a measure of consultation and agreement with the companies before their memoranda and articles were changed. As matters stand, the power is vested in the Minister without the need for consultation.

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I move amendment No. 30: In page 13, subsection (8), line 8, after "shall," to insert "following consultation with regional and local development associations and Chamber of Commerce and ". The intention of amendment No. 30 is to provide that there will be consultation with regional and local development associations, specifically the chamber of commerce. We relate that, as the section does,...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I am satisfied with the assurances given by the Minister.

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I move amendment No. 33: In page 13, subsection (1), line 30, to delete "The" and substitute "After the respective appointed days the". The amendment relates to the issuing of share capital. It intends to clarify that the share capital will not be issued until such time as the Cork and Shannon authorities are up and running. I have never understood how Departments decide on how much share...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: Is there any intention, or discussion under way, to create an ESOT within the new companies?

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: Has the issue arisen?

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I move amendment No. 34: In page 14, subsection (1), line 30, to delete "Each" and substitute "After the relevant appointed days each". This concerns a similar issue, namely to clarify the position of staff. The Minister has made clear that, in effect, the staff will be working to the interim boards of the new companies between now and next April. When exactly will the new companies appoint...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I am still unclear as to the position of staff recruited between now and the appointed days. Are they to be considered residual Aer Rianta staff who will get the benefit of the protections set out in section 12?

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: The Minister said relatively few would be taken on in the interim. It would be of some importance to those individuals to know where they stand. The Minister also said they would in effect be employed by the interim boards and therefore, presumably, not form part of the staff at Dublin Airport authority and not explicitly get the benefit of the statutory guarantees here. It is important for...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I understand that. Will people employed when these companies are set up, and next April or whenever the appointed day comes, be considered employees of Dublin Airport authority, then to be transferred to each of the three companies and enjoy the benefits of section 12(6) or 12(7)?

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: The issue I raised has not been resolved. I was confused by the Minister's initial response that it is appropriate for the interim boards to have the power to hire between now and the appointed day. This implies that those hired would be in limbo and not employees of Dublin Airport authority which has guarantees under the provisions of the Bill. As employees of the interim board, they would...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I move amendment No. 38: In page 15, lines 39 to 45, to delete subsection (9) and substitute the following: "(9) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person in the employment of Aer Rianta, before the Dublin appointed day or who is transferred to the Shannon or Cork Airport Authorities on the relevant...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: I am still not quite clear that the guarantee set out in section 12(9) is as solid as the Minister clearly believes it is. The subsection states: "Save in accordance with a collective agreement negotiated with any recognised trade union." It then goes on to state that the conditions of workers will be no worse than they had been. However, section 12(11) states that without prejudice to...

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: We have diverged somewhat.

Seanad: State Airports Bill 2004: Committee Stage (Resumed). (14 Jul 2004)

Derek McDowell: Two net issues are being discussed here. The first issue, which I was attempting to highlight, is the question of whether the guarantee in section 12(9) will survive a failure to come to an agreement after a six-month consultation period. We did not really clarify that matter, as we diverted into the other issue.

Seanad: State Airports Bill 2004: Report and Final Stages. (14 Jul 2004)

Derek McDowell: I move amendment No. 1: In page 15, to delete lines 9 to 18 and substitute the following: "(6) Where any dispute arises in relation to whether a person or a group of persons is working wholly or mainly in connection with Cork Airport or Shannon Airport or where it cannot be determined whether a person or group of persons works wholly or mainly in connection with one or other of the state...

Seanad: State Airports Bill 2004: Report and Final Stages. (14 Jul 2004)

Derek McDowell: I move amendment No. 2: In page 24, line 44, after "offered", to insert "to appropriate international standards". This amendment deals with the section that sets out the various issues which the regulator may take into account in setting the landing charges at Dublin Airport. It is regrettable we did not have a greater opportunity to discuss this section on Committee Stage because it has...

Seanad: State Airports Bill 2004: Report and Final Stages. (14 Jul 2004)

Derek McDowell: We are constrained by the process we have to go through here, but what we are seeking to do does not necessarily flow from what the Minister has said because I believe the aviation regulator has taken a view recently that the investment intended by Aer Rianta at Dublin Airport was excessive and that it should not be entitled to take into account the full cost of its intended investment when...

Seanad: State Airports Bill 2004: Report and Final Stages. (14 Jul 2004)

Derek McDowell: I move amendment No. 3: In page 27, between lines 7 and 8, to insert the following: "25—The European Communities (Access to the Groundhandling market at Community Airports) Regulations 1998 are amended in Article 14(3) by the deletion of 'and approved by the Minister in advance'.". I move this amendment in response to representations made to my colleague, Deputy Shortall. It is in regard to...