Results 2,201-2,220 of 2,815 for speaker:Tony Killeen
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: Members will remember that on Committee Stage we provided a role for the Labour Relations Commission in the dispute resolution process, after internal company procedures have been exhausted and before referring matters to the Labour Court. That is the most effective way to deal with such issues. I have sympathy with the point made by Senator Quinn and I have examined this matter very...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: This amendment is technical in nature and, on the advice of the Parliamentary Counsel, aims to ensure consistency throughout the Bill.
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: These amendments are all technical in nature and are required to correct the order of section numbers listed in section 20.
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: This arises, indirectly, from the discussion on a previous day, where Members strongly believed that we should ensure consistency between the Bill and the wording of the directive. These amendments are technical in nature and arise from that earlier discussion.
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: As regards amendment No. 60, which would seek the removal of the wording "unreasonably withhold consent to proposals made by employees or their representatives", we must look at this proposal in the spirit of the legislation. It appears to be sensible to include this provision. If we omit it, we are de facto saying that, in any circumstances of their choosing, employers could unreasonably...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: The wording used in the published text has been used in previous legislation, that is, in the Transnational Information and Consultation of Employees Act 1996 and it has not presented any difficulties. It would obviously be preferable that employers and employees avail of the flexibility of the legislation to negotiate and agree information and consultation arrangements. We need to remember...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: I thank the Cathaoirleach and the Members for their co-operation and for the amount of work they put into the amendments. I was impressed by the contributions made on Second Stage and the amendments on Committee Stage. If my colleagues in the other House come up with better ideas and I am minded to accept them, I will return to this House with them.
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: The distinction I drew on Committee Stage was between employees who are on a contract of service and employees who are on a contract for service. Employees on a contract of service tend to be with a company for a very long time. A contract for service tends to be much shorter. This distinction is recognised by the Revenue Commissioners and others and it would be extremely undesirable to...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: This is, in effect, the amendment proposed by Senators Quinn, Coghlan and White on Committee Stage. I was concerned about accepting the amendment on Committee Stage because I was unsure whether the wording was what the Parliamentary Counsel would suggest so I undertook to return on Report Stage. The wording in my amendment is slightly different to that of the original but it effectively...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: A very similar amendment was tabled by Senators Quinn, Coghlan and White on Committee Stage and I promised to return on Report Stage. The other amendments arise from the acceptance of amendment No. 3 and have the same effect. This amendment clarifies that employers and employees can agree on more than one information and consultation agreement. This situation tends to arise when there are...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: Amendment No. 5 arises from an amendment tabled by Senators O'Toole and McDowell on Committee Stage. Amendment No. 5 does not quite do what they intended but I was impressed by part of their argument and the Bill is considerably strengthened by the inclusion of this particular amendment, which concerns the right of the employee to get information about the number of employees in an...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: The original proposal would have sought to give trade unions the right to request information on employee numbers. In these amendments I have provided alternate methods besides the narrow one originally available. It is not quite what the Senators seek but it improves the Bill because it gives employees several alternatives for getting effectively the same information. Senator Quinn is quite...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: I have checked with Parliamentary Counsel about the effect of amendment No. 10 which would de facto move what is in section 6(3) to the top of that section, 6(1). I am satisfied that what Senators Quinnn and Coghlan are trying to achieve is already the de facto situation. I was concerned about the equal weight given to election and appointment and would like to have had more time to consider...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: It is open to the Labour Court to take whatever action it deems necessary. It has a great deal of experience in this area and I am more than happy to leave it with the discretion in that instance.
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: Senator McDowell is correct regarding amendment No. 14. I am assured that the Labour Court has full discretion in this area, including the discretion to hold fresh elections. I suppose that may well be the likeliest outcome in any event. Before Senator McDowell arrived, I pointed out that the principle of amendment No. 12 was interesting. What we have tried to do in transposing the directive...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: I have had a further look at this matter since the last occasion and have discovered that in Denmark, Germany, Greece, Italy and Spain, a trigger mechanism is provided in such legislation. The point the Senators make in these amendments is that they would prefer a higher figure. The figure we have used comes from the Transnational Information and Consultation of Employees Act 1996 and is...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: I apologise to Senator Quinn for not referring to amendment No. 16. We had a long discussion about whether a nominated officer would be preferable to a nominee of the court. It seems to me that there are some advantages in allowing the court to have a nominee. Situations arise where there are people of a particular expertise, perhaps, but also particular relations with employers and employees...
- Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)
Tony Killeen: I welcome amendments Nos. 23 and 27 tabled by Senators Quinn and Coghlan. My alternative amendments are tabled on the advice of legal counsel. They perform exactly the same function but I am advised this is a better way to deal with the issue.
- Written Answers — Health and Safety Regulations: Health and Safety Regulations (2 Nov 2005)
Tony Killeen: I propose to take Questions Nos. 114, 120, 162 and 169 together. I would first like to extend my sympathy to the families of those involved and affected by the workplace fatalities so far this year. The Government's commitment to ensuring high standards of safety, health and welfare in Irish workplaces is illustrated in the Safety, Health and Welfare at Work Act 2005, which came into force on...
- Written Answers — Industrial Relations: Industrial Relations (2 Nov 2005)
Tony Killeen: Statutory redundancy payments are the responsibility of the employer in the first instance, and should be paid in accordance with the relevant legislation. The Redundancy Payments Act 1967, as amended by the 1971 Act, contains the definition of redundancy in section 7(2). This definition has withstood the test of time. The redundancy payments scheme was examined by the redundancy review group...