Results 1,501-1,520 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: Obviously the Minister of State did not get the opportunity to have the cup of coffee I advised.

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

Brendan Howlin: The issue is correctly deemed by the Bills Office to be before the House, so whether it is outside the scope intended by the Minister of State, we can use this vehicle to do the work. Accordingly, the first argument of convenience put forward by the Minister of State falls. The matter is properly before the House and can properly be inserted into the Bill, as the Ceann Comhairle and the Bills...

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

Brendan Howlin: That is the view of the Minister of State but the House has also taken a view. What is proper is determined by the orders of the House. It is not convenient for the Minister of State to accept it, or he does not want to expand the scope of the Bill to accept it. In essence, that is the unlisted argument which is a different one. The other issue, on which I am still no wiser, is that the...

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

Brendan Howlin: Will the Minister of State answer that question?

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

Brendan Howlin: I am talking about a legal right. Does the legal right exist or is it a voluntary code that an employer can determine not to award such a right? Is it an enforceable right?

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

Brendan Howlin: Is there a right or is there not a right?

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

Brendan Howlin: I move amendment No. 12: In page 5, between lines 28 and 29, to insert the following: "(a) the provisions and procedures contained in the Industrial Relations (Amendment) Act 2001 and the Industrial Relations (Miscellaneous Provisions) Act 2004,". This amendment which I raised on Committee Stage was proposed to me by congress. It seeks to prevent the Bill being used to undermine the existing...

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

Brendan Howlin: I have had the opportunity to read what the Minister said on Committee Stage which is quite a different reply from the one I have just heard. Apparently now it is inappropriate because these enactments, to which I want a reference in the Bill, refer to dispute resolution and are inappropriate in a consultation mechanism. That is the Minister of State's current position whereas on Committee...

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

Brendan Howlin: I move amendment No. 14: In page 6, to delete lines 7 to 15. This amendment seeks to delete section 4, the impact of which would be to bring the Bill into operation on the occasion of its passing into law. This would avoid the unnecessary delay of waiting until 2008 for application of the Bill. Given that we have been tardy in regard to the transposition of the directive into domestic law, we...

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

Brendan Howlin: Why?

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

Brendan Howlin: There is no point in arguing further with the Minister of State. I withdraw the amendment.

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

Brendan Howlin: I move amendment No. 15: In page 6, to delete lines 22 and 23. I made the argument on Committee Stage, at the behest of the ICTU, to delete subsection (b) of section 5. Has the Minister of State considered it further?

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

Brendan Howlin: Is the Minister of State talking about the numbers?

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

Brendan Howlin: I am mindful to accept the logic of the Minister of State's case. Determining threshold and the applicability of the legislation is an important issue. I tabled the amendment at the behest of the ICTU whose analysis was that it was a weakening of the provision but if the Minister of State has thought about it, based on the assurance he has just given, I will withdraw the amendment.

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

Brendan Howlin: I move amendment No. 16: In page 6, between lines 25 and 26, to insert the following: "(2) For the purposes of calculating workforce thresholds, all undertakings that are part of a group shall be regarded as a single undertaking.". This amendment is to insert a new subsection (2) whereby for the purposes of calculating workforce thresholds, all undertakings that are part of a group should be...

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

Brendan Howlin: I am obliged to the Minister of State. I have re-read what he said on Committee Stage which was that he would re-examine the position. He agreed that this issue must be clear and that there would not be a loophole. If the Minister of State is now assuring the House that is the case, having got advice from the Parliamentary Counsel, I am happy to accept his word on it.

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

Brendan Howlin: I move amendment No. 17: In page 6, line 26, after "from" to insert "a trade union or excepted body,". This amendment extends the same import. A trade union or excepted body should be able to request the information in any undertaking — that is the net issue — regardless of whether the employer recognises it. It is important that basic information on the operations of a company would be...

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

Brendan Howlin: I will not go to war with the Minister of State on this. I would prefer to have my amendment accepted and the explicit right enshrined in statute law, rather than a process which exists for an application for information through the existing labour relations mechanisms. I will not pursue the matter further.

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

Brendan Howlin: I ploughed this furrow on Committee Stage. I decided not to resubmit my amendments on Report Stage. I am glad to have the opportunity afforded by Deputy Morgan taking them on and carrying them to the next step. A coherent enough argument was made by the Minister of State. However, it was not compelling. I still support the ideas and views expressed by Deputy Morgan on this occasion.

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

Brendan Howlin: I move amendment No. 24: In page 7, to delete lines 37 to 47 and in page 8, to delete lines 1 to 39 and substitute the following: 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...