Results 1,261-1,280 of 1,683 for speaker:Derek McDowell

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

Derek McDowell: We have already held a lengthy debate on this matter. The amendment seeks to reduce the three options to one.

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

Derek McDowell: I move amendment No. 45: In page 10, subsection (1), lines 11 to 14, to delete paragraph (b). It is not my intention to pursue this matter. The amendment would be consequential on removing the trigger mechanism and, as the Minister of State is clearly intending to retain the mechanism, would not be an option for employers to refuse to negotiate.

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

Derek McDowell: I wanted to hear the Minister of State's answer before I made it easy for him to say the Members disagree with each other and that, as he is in the middle, he will keep the Bill as is. We have obvious difficulties in so far as Senator Quinn is seeking to make it more difficult for people to move from direct involvement to collective representation, whereas we do not believe there should be...

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

Derek McDowell: What does direct involvement mean? Could the Minister of State give me an example of good direct involvement?

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

Derek McDowell: The difficulty will arise with large companies. The minimum number of employees we are talking about is 50. I do not have a problem with the canteen meetings that Senator White described but it will not be practical to hold them in larger undertakings. It will not be possible to hold a fireside meeting with several thousand employees of Microsoft. The normal way such a company would choose to...

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

Derek McDowell: We have exhausted the debate but I thank the Minister for the list. It is helpful and instructive. I am acquainted with the practice of appraisals and performance on an annual basis between managers and line workers. Is that sufficient to meet the requirements of the Act? If we are discussing the interests of one particular worker, then dealing with his or her immediate manager is well and...

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

Derek McDowell: I do not wish to pursue the argument any further.

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

Derek McDowell: I know section 12 is lifted from the directive and that is fine but it is merely aspirational in effect as there is no penalty if people do not observe this section and no way of enforcing it. Perhaps I am wrong about that.

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

Derek McDowell: Amendment No. 51 is in my name.

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

Derek McDowell: I move amendment No. 51: "In page 11, before section 13, to insert the following new section: 13.—(1) An employer shall not do any act (whether of commission or omission) that, on objective grounds, adversely affects the interests of the employee or his or her well being in relation to the performing of his or her functions as an employee representative in accordance with this Act. (2) An...

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

Derek McDowell: Does the Minister of State have any difficulty with including the word "paid" before "time off"?

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

Derek McDowell: Does the Minister of State have any difficulty spelling out the facilities that might be given to employee representatives?

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

Derek McDowell: I move amendment No. 52: In page 12, lines 28 to 42, to delete subsection (1) and substitute the following new subsection: "(1) Disputes between an employer and a trade union or excepted body or his employees or his or her representatives concerning: (a) negotiations under section 8 or 10, (b) interpretation or operation of any agreement under section 8 or 9, (c) interpretation or operation...

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

Derek McDowell: I move amendment No. 58: In page 13, lines 1 to 3, to delete subsection (3) and substitute the following new subsection: "(3) Where, in the opinion of the Court, a dispute that is the subject of a recommendation under this section has not been resolved, the Court may, at the request of—— (a) an employer, or (b) a trade union or excepted body, or (c) one or more employees or their...

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

Derek McDowell: I seek more information on how exactly the Minister of State intends this to work. In many cases where consultation has taken place, there will not necessarily be a large amount of documentary evidence to prove this. There will not be a paper trail, as it were, that might satisfy an inspector. Does the Minister of State intend to have a separate inspector within his Department or will he give...

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

Derek McDowell: How does the Minister of State intend to progress this in practical terms? If the section allows the Minister to appoint in writing as many persons as he or she may deem appropriate, what does the Minister of State intend to do when the Bill is enacted? Does he intend to designate a certain number of inspectors within the Department with responsibility to do this or will he simply react to...

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

Derek McDowell: I will address the amendment in my name and that of Senator O'Toole. Schedule 1 provides for the default mechanism. It provides for the standard rules in circumstances where there is not another negotiated in-house arrangement. Our amendment simply provides that the forum should meet a minimum of four times rather than twice a year. It appears that twice a year is a pretty perfunctory...

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

Derek McDowell: The provisions of the Bill are most important in the case of crisis management, significant problems or impending difficulties. I fully accept that when a major problem arises, it is open to employees or their representatives to request a meeting. Is it not sensible to provide for a regular flow of information to ensure that the onset of a crisis does not become a precondition for a meeting...

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

Derek McDowell: While I agree with the Minister of State to some extent, the difficulty is that the requirement to hold a minimum of two annual meetings will result in twice-yearly meetings becoming the norm. Perhaps it would have been preferable to stick with a formula which would allow regular meetings to be held, rather than prescribing a specific number of meetings. Having opted to prescribe, I hope two...

Seanad: European Union: Statements. (13 Oct 2005)

Derek McDowell: I welcome the Taoiseach and thank him for taking the time to come before the House to spend a couple of hours with us. Others have made the point that we need to sell the European Union more. I guess we must do so but I suspect I am more sanguine on this than others who have spoken. I do not believe we can reasonably expect to fill town halls throughout the country, out of context, as it...