Results 2,261-2,280 of 2,815 for speaker:Tony Killeen

Written Answers — Proposed Legislation: Proposed Legislation (18 Oct 2005)

Tony Killeen: The process of developing proposals for new regulations under the Safety, Health and Welfare at Work Act 2005, which came into operation on 1 September 2005, has commenced in respect of new general application regulations and new construction regulations. The Health and Safety Authority is undertaking a public consultation process on the general application regulations. These proposed...

Written Answers — Offshore Exploration: Offshore Exploration (13 Oct 2005)

Tony Killeen: I understand that a case involving the above named company is before the Labour Court to be heard shortly. The Labour Court is an independent statutory body and acts independently in carrying out its functions. I am therefore not at liberty to discuss individual cases that are due to be heard by the court.

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

Tony Killeen: The central point made by Senator McDowell relates to the discussion we had earlier on the definition of consultation when I said very clearly that sending out an e-mail or a newsletter does not meet the requirements of the definition in this regard. Part of the difficulty in this section lies in the question of using direct involvement or having representatives. The Bill strikes a very fair...

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

Tony Killeen: The companies which have been under the strongest attack appear to have made considerably better efforts than many other companies to make information available to their employees. Perhaps in the past they tended to do so almost exclusively or to great extent through one method of delivering information. This will clearly not meet the requirements of this directive. There is now a requirement...

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

Tony Killeen: Senator McDowell is right to seek to establish exactly what is involved in consultation. The definition of consultation is "an exchange of views and establishment of dialogue". Senator McDowell's central point is that consultation must be active, which is what is intended in this instance. My ignorance about possible models has been ameliorated somewhat because I have just received some...

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

Tony Killeen: I should have acknowledged the role of the NCCP in preparing this information. It has done considerable work and I thank it. My impression is that it would not be confined to annual meetings. We will have a row about how many meetings should be held later. In my view, the system to operate with regard to individuals would not be confined to a single process. It seems far more likely that it...

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

Tony Killeen: The amendment seeks to impose an additional obligation on the parties to work in a spirit of co-operation when preparing for or entering negotiations as well as when defining or implementing the practical arrangements for information or consultation. We all certainly would wish it were the case, but the legal advice I received suggests it does not strengthen the legislation; it is...

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

Tony Killeen: Section 12 states: When defining or implementing practical arrangements for information and consultation under this Act, the employer and one or more employees or his or her representatives (or both) shall work in a spirit of co-operation, having due regard to their reciprocal rights and duties, and taking into account the interests both of the undertaking and of the employees. It is not...

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

Tony Killeen: The amendment is in Senator McDowell's name; it is not a Government amendment.

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

Tony Killeen: Section 13, as drafted, makes it an offence for an employer to penalise an employee representative for performing his or her functions under the legislation and that is fair and reasonable. A code of practice already exists with regard to employee representatives. Strong penalties are imposed for this type of offence, including up to three years' imprisonment on conviction and indictment. The...

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

Tony Killeen: It is one of the areas I am prepared to examine but I do not promise anything.

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

Tony Killeen: If I were being facetious I would suggest that I have no difficulty, as it will be my successor who will do it. However, that area is quite fraught and difficult. I would be most reluctant to leave it as a legacy for a successor. I do not consider it to be a central issue in regard to the operation of the information and consultation system. I would be most reluctant to go that route.

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

Tony Killeen: I take it that we are discussing amendments Nos. 52 to 62 together.

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

Tony Killeen: Amendment No. 52 is not being pressed by Senator McDowell. It would have involved the deletion of section 11 in any event. Amendment No. 53 requires the insertion of ", subject to subsection (2)," after "may" in page 12, subsection (1), line 39. The amendment was proposed on the advice of the Parliamentary Counsel and it provides a cross-reference to subsection (2), which is amended by...

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

Tony Killeen: Amendment No. 56 seeks to delete to delete section 15(2), which provides that the court can appoint a mediator. However, amendment No. 55 will achieve this, if accepted. Amendment No. 57 states: In page 12, subsection (2), line 46, after "dispute." to insert the following: "Where a system of direct involvement operates only, the referral to the Labour Court may be from one or more than one...

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

Tony Killeen: It may not deal with an issue it raises. If it does, I will accept it on Report Stage. Amendment No. 62 is a technical amendment to introduce consistency throughout the Bill. There is no provision for appeals to the Labour Court in the Bill — it provides only for disputes to be referred. On amendment No. 55, I am proposing a role for the Labour Relations Commission. The purpose of the...

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

Tony Killeen: This amendment provides for the appointment of inspectors and proposes the inclusion of a new fairly long section in the Bill, which is similar to other sections in other legislation. It provides power for the Minister to appoint inspectors for the purpose of the Bill. It also lists the powers of the inspectors so appointed and includes the power to make such examination or inquiry as may be...

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

Tony Killeen: It was initially believed that sufficient powers were in place to carry out whatever inspections might be needed. Subsequently, it was decided that provision should be made in the Bill to provide directly for inspectors. It is not necessarily the case that an inspector should be provided exclusively for this purpose. However, the advice is that whatever inspectorate is employed would need to...

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

Tony Killeen: This, as already stated, will initially serve as an enabling provision. It will allow the Minister of the day to designate officers to follow up complaints that might be made as regards the information and consultation requirements. At this stage, I am not in a position to say exactly what this might entail. However, it is really important to provide for it in the legislation so that the...

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

Tony Killeen: That is correct.