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Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 3: In page 10, line 40, after “concerned” to insert the following: “and 3 months’ notice of this decision shall be given to the trade union by the Court of its decision after which an appeal maybe heard no later than 6 weeks after the decision has been made”.This proposal formed part of the submission from the Irish Congress of Trade...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I accept the Minister of State's response. I understand what is permissible and what is envisaged in the legislation and what the Labour Court will have to do in terms of consultation. However, the Irish Congress of Trade Unions is saying is that is not good enough, that it should be given the opportunity to state its case and that adequate notice should be given. We are seeking to...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: No.

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 4: In page 12, between lines 8 and 9, to insert the following: "(g) country money,".This amendment may seem strange when one sees it written. Essentially the inclusion of country money is consistent with the existing practice within the construction sector. It is a term used to deal with the reality that many construction workers face where they have to travel to...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 5: In page 14, between lines 14 and 15, to insert the following: "(e) the percentage of workers in the identified economic sector earning two thirds or less of median income; (f) the pervasiveness of part time and/or short hour contracts in the identified economic sector,".This issue was discussed during the debate on the National Minimum Wage (Low Commission Bill)...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: No. I regret the Minister of State is not able to support the amendment. I do not wish to make the point again. This is an issue I would have argued over a long period with the Minister for Jobs, Enterprise and Innovation during debates on various Bills. The view is that wages are seen as simply a cost to the economy and not as a driver. We need to take a different view. I know it is a...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I admire the optimism of the Minister of State.

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I will not press the amendment.

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 6: In page 14, after line 38, to insert the following:“(c) hours of work;”.We were asked to include this amendment by the Mandate trade union. The court is asked to look at a number of things. Obviously the rate of pay is the main element. The Minister of State will be aware that the difficulty for workers in short-term contracts is not so much the rate...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 7: In page 16, line 36, after "not" to insert "blacklist,".There is no provision in the legislation on the blacklisting of trade union activists. We have referred a number of times in both Houses of the Oireachtas to the blacklisting scandal exposed in Great Britain. It has been found that major construction companies engaged in systematic surveillance and the...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 9: In page 17, between lines 25 and 26, to insert the following:“(6) The Minister may authorise other persons, including designated union officials, to carry out inspections and monitoring of Registered Employment Agreements, Registered Employment Orders and Employment Regulation Orders. (7) The Minister may make regulations providing access, for union officials,...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I fully understand and appreciate the legal and constitutional constraints under which the Government is operating in framing this Bill, both in terms of collective bargaining and of reinstating REAs. We are doing so against a backdrop of employers who have consistently challenged the industrial relations architecture of the State through the courts and have tried to dismantle it through the...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 21: In page 17, between lines 25 and 26, to insert the following: “Union entitled to represent members' interests21. (1) A trade union, at the request of the employee, may represent the employee in relation to the employee's rights and entitlements under a registered employment agreement and sectoral employment order.(2) A union is entitled to represent its...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 12: In page 20, between lines 4 and 5, to insert the following: “Regulations 22. The Minister may by regulations provide for a mechanism to provide for representation by or on behalf of retired employees, including organised groups of retired employees, in relation to his, her or their pensions, deferred or otherwise.”.Introducing an amendment on Report...

Seanad: Industrial Relations (Amendment) Bill 2015: Committee Stage (7 Jul 2015)

David Cullinane: I move amendment No. 13: In page 22, line 32, to delete “voluntary”. This relates to the second last contribution of the Minister and the debate we had on the three grouped amendments. We seek to delete the word "voluntary" and we do so knowing it is not the solution that would be necessary to bring about mandatory trade union recognition, but we do so as an opportunity to...

Seanad: Order of Business (2 Jul 2015)

David Cullinane: I send my condolences to the family of Val Doonican, a Waterford man, who died yesterday. It is a tragedy for his family and I offer my condolences to his wife Lynn and his extended family. He was bestowed the freedom of Waterford city a number of years ago. I had the pleasure of being in the council chamber on that occasion and to hear about his life and the many stories he had to tell....

Seanad: Order of Business (2 Jul 2015)

David Cullinane: Almost every day last week Senator Craughwell and others tried to move a motion he placed, democratically, on the Order Paper. He gave the Minister every opportunity. He did not push the matter to a vote and yet she was not able to come into the House to discuss these changes. This will drive women out of work. That is the core of the argument against these changes. They will not...

Seanad: Order of Business (2 Jul 2015)

David Cullinane: Hear, hear.

Seanad: Order of Business (1 Jul 2015)

David Cullinane: Can the Leader tell us when the civil debt Bill will come before the Seanad? It has worked its way through the Dáil this week. This is the fourth item of legislation this Government has brought forward regarding water charges. Essentially, that is what the civil debt Bill is about. The Minister is dressing it up as a Bill which allows all utility companies to recover debts but it is...

Seanad: Communications Regulation (Postal Services) (Amendment) Bill 2015: Committee and Remaining Stages (1 Jul 2015)

David Cullinane: I move amendment No. 1: In page 7, to delete lines 19 to 21 and substitute the following:"(2) A person who breaches the Act of 1988 in relation to postcodes shall be liable in damages in tort.".As these are simple amendments, I do not propose to delay the Minister. The purpose of the section is to strip data subjects of their data protection rights with regard to the postcode and remove...

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