Results 1,521-1,540 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: I see the point. In the unlikely event that my amendment which replaces the section is accepted, a new section is created. The House could probably take that gamble and risk it. However, I accept the Leas-Cheann Comhairle's ruling.

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

Brendan Howlin: I thought the Minister of State might. The purpose of my amendment is to deal with section 7 as it is drafted, which concerns the process for establishing information and consultation arrangements. I suggest the replacement of section 7 with a new section 7. As I explained on Committee Stage, replacing the section as I suggest means employees in undertakings who meet the employee's threshold...

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

Brendan Howlin: The name of that Act tripped off my tongue.

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

Brendan Howlin: There is not much point in prolonging the debate if the Minister of State has closed his mind to it. My proposal, however, is a better section 7 than that which is in the Bill. I will leave it to the House to determine this.

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

Brendan Howlin: I move amendment No. 31: In page 10, to delete lines 27 to 30. In section 9 which deals with pre-existing agreements the relevant subsection (3)(b), which I propose to delete, is not exactly clear: (3) For the purposes of subsection (2)(c), a pre-existing agreement shall be regarded as having been approved by the employees— (b) where the result of employing any other procedure agreed to by...

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

Brendan Howlin: To require a ballot of the workforce to approve a pre-existing agreement would not tie people up in too much red tape. I do not understand what other mechanisms the Minister of State has in mind. He might reassure us by giving examples of appropriate alternatives to the secret ballot vote, which is the normal way of reaching conclusions on such matters.

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

Brendan Howlin: That is not a problem.

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

Brendan Howlin: I understand the difficulty the Minister of State addressed in his amendment, to allow a mechanism to approve pre-existing arrangements. I support that. I am asking however that the alternative mechanism for endorsing pre-existing arrangements be deleted to require a secret ballot of employees to make such a decision. If the Minister of State does not wish to accept my view on this matter,...

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

Brendan Howlin: Who?

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

Brendan Howlin: I move amendment No. 32: In page 11, to delete lines 46 to 47 and in page 12 to delete lines 1 to 26.

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

Brendan Howlin: I move amendment No. 35: In page 12, to delete lines 33 to 49 and in page 13, to delete lines 1 to 11 and substitute the following: "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 performance of his or her functions as an employee...

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

Brendan Howlin: I am grateful to the Minister of State for writing to me. He did so after Committee Stage and pointed out that his view of a definition of penalisation was adequate to give protection. The import of the amendment I am suggesting is to broaden the definition of "penalise" and make it similar to the definition of victimisation in the Industrial Relations (Miscellaneous Provisions) Act. The...

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

Brendan Howlin: I am grateful to the Minister of State for reflecting further, as he promised he would on Committee Stage, and for adding his own name to my amendment.

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

Brendan Howlin: I move amendment No. 41: In page 15, line 34, after "oath" to insert "or affirmation". I tabled this amendment on Committee Stage for the purpose of greater clarity as I was informed that the provisions of the Interpretation Act 2005 on oaths are somewhat obscure and do not cover all cases. Subsequent to the discussions, the Minister of State kindly wrote to me and assured me that having...

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

Brendan Howlin: I move amendment No. 43: In page 16, line 9, to delete "A person" and substitute "Subject to subsection (6), a person". This amendment is tabled for the purpose of making clear that subsection (6) takes priority over subsection (5). Given that the Minister of State was to reflect further on this matter, does this amendment need to be made?

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

Brendan Howlin: I thank the Minister of State for the reassurance.

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

Brendan Howlin: I move amendment No. 46: In page 22, line 2, to delete "twice" and substitute "four times". This is a moot amendment. It is a proposal to increase the number of meetings per year for the forum from two to four. The requirement that the forum would have the right to meet the employer four times a year would be reasonable. The requirement to hold two meetings a year is inadequate. It would not...

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

Brendan Howlin: My concern is that if that if there is a legislative requirement for two meetings, that becomes the norm. Article 4.3 of the directive sets out the objective which is the delivery of information at a time that enables employee representatives to study it and consult employees. If the gap between meetings is six months, that will run counter to the expressed requirement of the directive under...

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

Brendan Howlin: I regret I cannot persuade the Minister of State to my point of view. There is no point in taking up the time of the House in making any further attempts.

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

Brendan Howlin: I move amendment No. 48: In page 23, to delete lines 17 to 19 and substitute the following: "(b) a trade union or excepted body that has members in the undertaking.". This amendment seeks to widen the definition of trade union for nomination purposes beyond those simply recognised by the employer. It links in to discussions we have had previously about the recognition of trade unions and...