Results 1,241-1,260 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: A number of amendments were being debated at the same time.

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

Derek McDowell: Amendments Nos. 16, 19, 20 and 22 are in my name. Before the suspension of the sitting I had put a few questions to the Minister of State, specifically relating to the role of trade unions and the effect of section 6(3). Assuming there was a 10% threshold in place, I was seeking to inquire whether it was open to employers to tell employee members of a trade union that they were not going to...

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

Derek McDowell: It is not possible for a worker to say that he or she wants to be represented by a trade union official if that person is not employed in that undertaking.

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

Derek McDowell: I am glad the Minister of State has clarified the fact that trade union officials are effectively precluded from this. This is a return to the bad old days. We are dealing with large companies, not small concerns. If the information to be provided is to be meaningful, it is likely that it will be technical and complex. It is asking too much to expect individual employees in the workplace to...

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

Derek McDowell: The Minister of State's comparison is spurious. Let us take Irish Ferries, assuming it will be governed by the legislation, as an example, although this may not be the case given the flag of convenience under which its vessels sail. No employee of Irish Ferries will bring a bank manager or parish priest along to consultations but he or she may well want to be accompanied by a professional...

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

Derek McDowell: In often complex circumstances, in which employees must deal with employers who have a range of expert advice available to them, it is not unreasonable that employees have the professional advice of trade union officials at their disposal, on condition that trade unions are organised in the workplaces in question. It is open to the Minister of State under the terms of the directive to make...

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

Derek McDowell: I move amendment No. 16: In page 6, lines 24 to 25, to delete subsection (1) and substitute the following new subsection: "(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.".

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

Derek McDowell: I move amendment No. 20: In page 6, lines 29 to 35, to delete subsection (3) and substitute the following new subsection: "(3) A trade union or excepted body who has members in the undertaking and employees in the undertaking shall be entitled to nominate persons for election to the employee forum.".

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

Derek McDowell: I move amendment No. 24: In page 6, between lines 43 and 44, to insert the following new subsection: "(6) If the Court finds that the complaint referred to it under subsection (5) is well founded it may direct the respondent to take measures which may include the organisation of new elections.". This amendment specifically provides that in circumstances in which a court receives a complaint...

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

Derek McDowell: While I accept that the Bill does not place constraints on the recommendations a court may make, it strikes me as sensible to explicitly provide that a court be able to direct that another election be held. Nevertheless, I am happy to accept the Minister of State's assurance that this option is already sufficiently provided for in the Bill.

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

Derek McDowell: I move amendment No. 25: In page 7, before section 7, to insert the following new section: 7.—(1) An employer shall enter into negotiations with the representatives of employees to establish information and consultation arrangements. (2) Within 6 months from commencing negotiations, the parties shall agree to establish an information and consultation arrangement by means of— (a) a...

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

Derek McDowell: Although I discussed the amendment in my name, which I moved, I did not address the other amendments and wish to do so before the Minister of State replies. I am sitting here in bewilderment listening to colleagues on the IBEC side of the argument. This is unreal. On one hand, they are stating that information and consultation is a wonderful proposal, that it is good practice and that all...

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

Derek McDowell: How is it dangerous?

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

Derek McDowell: A fundamental issue is at stake in this group of amendments. It is clear that there are significant differences between my opinions on the matter and those of my colleagues. The Minister of State said that employees have "a right" to information and consultation. If we all agree that it is a good and fine thing that they have such a right — every Senator who has contributed to this debate...

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

Derek McDowell: I can give the Minister of State's answer for him. It is interesting and instructive to read the EU directive, which is clearly intended for the companies about which Senator White is talking. This matter originally arose at EU level in the context of globalisation and the movement of capital. It was necessary to take account of the fact that many of the multinational corporations operating...

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

Derek McDowell: The section provides for the trigger mechanism and since I have objected, in principle, to the whole notion of such a mechanism, it is appropriate to oppose the section.

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

Derek McDowell: I move amendment No. 32: In page 8, before section 8, to insert the following new section: 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 dated, (b) signed by the employer, (c)...

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

Derek McDowell: One could argue that I am not acting to type in this respect. However, my basic argument is simple. Members are discussing the establishment of a mechanism which will continue for ten or 20 years. My point is that, at the outset of the implementation of that mechanism for information and consultation, it should have the approval of the people to whom it applies, namely, those working in that...

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

Derek McDowell: Possibly, it could become even more complicated. For example, it is possible that a minority of workers in a particular enterprise would be unionised and recognised, would have a system of collective bargaining within the enterprise and would be entitled to nominate someone as an employee representative. They might constitute 20% of the workforce. Effectively, a different system, by way of...

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

Derek McDowell: I am happy to withdraw the amendment in the context of the Minister of State's assurances.