Results 2,281-2,300 of 2,815 for speaker:Tony Killeen

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

Tony Killeen: Amendments Nos. 64 to 67, inclusive, are technical and ensure that offences provided for in the new section 18 are linked to the penalty and prosecution proceedings provided in the rest of the Bill. They arise from the provisions of section 18.

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

Tony Killeen: This amendment involves the insertion of a new section 20 and arises from EU Council Directive No. 2001/23/EC of 12 March 2001. It relates to the safeguarding of employees rights in the event of transfers of undertakings or businesses or parts thereof. In all, a total of nine optional provisions arose from that requirement. Only one of these has been agreed with the social partners in respect...

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

Tony Killeen: The Senators are somewhat at odds as regards the two amendments. On amendment No. 70, the Bill imposes an obligation on employers not to unreasonably withhold consent to proposals from employees as regards the forum's meeting arrangements. That ties in with Senator McDowell's requirement that they should meet more frequently than twice a year. On that point, a key qualification is that in...

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

Tony Killeen: It is important to bear in mind that the Bill provides for methods of disseminating information and receiving feedback other than meetings. I regret it is necessary to include a provision requiring that two meetings be held each year because it is unduly prescriptive and runs counter to the ethos we are trying to create in the workplace. It is not unreasonable to qualify this requirement by...

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

Tony Killeen: Perhaps the inspector likes the number.

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

Tony Killeen: I acknowledge the concerns raised regarding the provision of information and consultation on matters which do not fall within the direct competence of Irish management. It is interesting that the directive owes its origins to cases of this nature which arose in Belgium involving a French company and France involving a British company. While these cases had transnational implications, they...

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

Tony Killeen: I should have referred to this amendment when I dealt with an earlier new section proposed by Senator McDowell. The amendment seeks to limit the obligation on employers to provide financial resources to members of the forum to assist them to perform their duties. It is reasonable that the employer provide such financial resources and the requirement does not impose an unduly onerous...

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

Tony Killeen: It puts me in bad humour to read about polls and returning officers. I am advised the amendment is not necessary. The wording used in the published text has been used in previous legislation, for example, the Transnational Information and Consultation of Employees Act, and has not presented any difficulty. When a mechanism has worked previously one tends to place some faith in it.

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

Tony Killeen: Government amendment No. 28 is a technical amendment recommended by the Parliamentary Counsel, as is amendment No. 31. This amendment adds clarity to the subsection and provides that the Labour Court shall notify the employer and the employees whether the employment threshold has been met in terms of a request from the employees for the establishment of information and consultation...

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

Tony Killeen: I inadvertently said that the maximum employee threshold is the greater of 10% of employees, or 100 employees. I should have said that it is the lesser of 10% of employees, or 100 employees. I am sure some Senators noticed my error. Senator Quinn made a reasonable point about the provision as it will apply to 2% of employees in a large company. However, I remind him that 100 employees...

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

Tony Killeen: There would be a number of effects of accepting this amendment. For example, by deleting the wording "establishing one or more information and consultation arrangements", it reduces the flexibility allowed to employers and employees to agree different information and consultation arrangements to govern different branches or units within an undertaking. We had this debate earlier and I...

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

Tony Killeen: The final point made by Senator McDowell is interesting. It may well be that because of the situation with undertakings and because there is provision for people in different areas to have slightly different agreements and arrangements, representation will not be pro rata between the various branches and the main part of a company's operations. On the other hand, it would be a pity to...

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

Tony Killeen: I want, in so far as it is possible, to maintain flexibility. I will examine the implications of the Senator's proposal, which I had not previously considered. I will see if I can take cognisance of it in some way. Although it will be difficult, if not impossible, to so do, I will examine it.

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

Tony Killeen: I thank Senators for their views in this regard. There is a considerable overlap with the matters which the House has just dealt with in respect of Senator McDowell's amendment. There is considerable merit in amendments Nos. 33, 36 and 37. Clearly, in view of the point raised previously by Senator McDowell about the pro rata element, I must examine the implications of accepting these...

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

Tony Killeen: These amendments are both technical in nature and the advice of the Parliamentary Counsel is that neither is necessary and clarity would not be improved by accepting them. The points are covered adequately.

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

Tony Killeen: With the exception of Senator O'Toole's amendment, these are technical in nature. Amendment No. 40 involves a serious change we have discussed in some respects. It would remove some of the options provided by the Bill for approving a pre-existing agreement. This is the three options issue we dealt with in section 8.

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

Tony Killeen: This is one of the provisions we examined closely. The legal advice is that there is already a clear link with Schedules 1 and 2, which Senator Quinn is trying to achieve in this instance. It would be superfluous to make this amendment to section 10 now.

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

Tony Killeen: We originally intended to discuss this amendment with amendment No. 3 and I am experiencing difficulties chasing down my notes. Section 11 provides that employees can change from direct involvement to a system of collective representation. We have discussed many of the arguments on that matter, such as the 10% trigger mechanism. Once 10% or more of employees request something, a majority of...

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

Tony Killeen: Section 6 as it stands represents a good balance between the interests of employers, employees and their representatives. I assure Senators that no section in this Act took more time, examination or attempts to reach agreement with the various parties. This section seeks a number of fair and equitable balance in terms of the interests of both employers and employees by achieving what is...

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

Tony Killeen: The question about trade union officials is not covered under the legislation because the requirement specifies the representative should be an employee of the undertaking.