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Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: A number of the amendments tabled by Deputy Howlin and myself are similar, which reflects recent representations and lobbying on the part of the Irish Congress of Trade Unions. Amendment No. 4 is specific in terms of dealing with the issue of information. I appreciate that Deputy Howlin has just dealt with that subject but perhaps the Minister of State could explain why, if my amendment was...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: On amendment No. 32, the Irish Congress of Trade Unions, ICTU, was of the view that removing the section would render meaningless those parts of the legislation for communicating information to employees' representatives. There were concerns that some wayward communication methods, such as e-mail or text message, would replace direct or substantial communications.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: I move amendment No. 4: In page 4, to delete lines 19 to 22 and substitute the following: ""information" means the transmission by the employer to employee representatives of data in order to enable them to acquaint themselves with the subject matter under discussion;".

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: I strongly support this amendment, which has already been debated on Committee Stage. I expect we will continue to debate the matter until it is resolved. It is not adversely affecting high flyers who are well able to look after themselves, such as people in RTE or elsewhere who are able to secure substantial salaries. It will affect people such as freelance journalists, however, and other...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: Amendment No. 17 is quite straightforward. It seeks to include in this section the phrase "a trade union or excepted body". I cannot understand why the Minister of State would not accept such an amendment because he is dealing with trade unions almost on a daily basis, as is the Government. It is surely proper that the recognition should therefore be included in legislation. A trade union or...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: The two amendments are identical with the exception of where they sit within the Bill. I too had a representation from congress on the matter. I agree with Deputy Howlin that irrespective of where this amendment is placed it would bring a huge amount of clarity to the Bill and would prevent an employer avoiding responsibility, and surely that is what we should seek. The other points have been...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: The ICTU position is that this is required to ensure that employers do not use structures established under the Bill to avoid the provisions of the legislation referred to in the amendment. Does the Minister of State accept or reject that point?

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: We spoke about this issue briefly earlier. If a trade union has members in an undertaking, it is reasonable that the trade union should be able to request information from the employer regardless of whether the employer recognises the trade union. It is about trade union recognition. We regularly hear the Minister of State lauding the trade union movement and saying it is a useful tool in...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: It is unfortunate that time and resources would be wasted going through a process to have the Labour Court secure the information when the undertaking would ordinarily have a four-week period within which to get the information. Surely that is reasonable. If this process must go through the Labour Court to get the information, that wastes everybody's time.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Arthur Morgan: I wish to press it further.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: I move amendment No. 18: In page 7, to delete lines 16 and 17 and substitute the following: "6.—(1) "Employees' representative" means such trade unions as are, representative of the employees or where there is no such trade union, such persons that are directly elected by the employees in the undertaking.". This amendment deals with the definition of "employees' representative", which means...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: Interestingly, the Minister of State mentioned best democratic principles. One of the best democratic principles is ensuring an election takes place, providing the way of dealing with it and placing fixed terms on the mandate a representative would receive from fellow employees. That is in keeping with the best democratic principles to which the Minister of State referred. The Minister of...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: I move amendment No. 19: In page 7, to delete lines 18 to 20 and substitute the following: "(2) Subject to the provisions of subsection (3) and Schedule 2 of this Act, the employer shall arrange for the election of employees representative under this section.".

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: I move amendment No. 20: In page 7, to delete lines 21 to 27 and substitute the following: "(3) A trade union or excepted body that has members in the undertaking and employees in the undertaking shall be entitled to nominate persons for election to the employee forum.".

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: I move amendment No. 21: In page 7, to delete lines 28 to 31 and substitute the following: "(4) A person elected to the position of employee representative shall hold that office for a period of no longer than three years.".

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: I move amendment No. 22: In page 7, to delete lines 32 to 36 and substitute the following: "(5) Where a dispute arises under this section, it may be referred by trade union or excepted body or one or more employees to the Court for determination.".

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: There is no point repeating everything that has been said. There was a fairly lengthy discussion on this topic on Committee Stage. To spend any longer on it would be a waste of time because the Minister of State has indicated he will not move on the point. I await his comments.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Arthur Morgan: I move amendment No. 28: In page 8, to delete lines 40 to 45 and in page 9, to delete lines 1 to 43 and substitute the following: "8.—(1) An agreement establishing information and consultation may be negotiated by the employer and the employee representatives (to be known and in this Act referred to as a "negotiated agreement"). (2) A negotiated agreement shall be— (a) in writing and...

Political Donations and Planning: Motion (Resumed). (22 Mar 2006)

Arthur Morgan: I wish to share time with Deputies Catherine Murphy, McHugh, Healy, James Breen and Gregory.

Political Donations and Planning: Motion (Resumed). (22 Mar 2006)

Arthur Morgan: My colleagues, Deputies Ó Caoláin and Ó Snodaigh, have already spoken in support of this motion. I will deal with the demand in the motion for the implementation of the Kenny report. I noted the misleading comments of the Minister for the Environment, Heritage and Local Government, Deputy Roche on the Kenny report during his ill-tempered contribution to the debate yesterday. He is clearly...

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