Results 2,321-2,340 of 2,815 for speaker:Tony Killeen

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

Tony Killeen: We will return to this matter later because one of the proposed amendments essentially seeks to do what Senator McDowell suggests. While it is my view that the Bill already deals with this issue, we can argue the point later. There is provision for this to happen. Had the "establishment" definition been accepted, a large bank, for example, might have many branches with fewer than 20 employees...

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

Tony Killeen: That was the second point I made. With regard to the definition of "undertaking", regardless of whether it is only in the directive or in the Act or both, it is the same definition. On the basis of the definition, it is a matter of determining whether a company or undertaking comes within the terms of the requirement. As the definition includes the phrase "whether or not operating for gain",...

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

Tony Killeen: Regardless of whether the definition is in the legislation, which is the only effect of passing this amendment, it remains the same definition. The clarity sought by Senator Quinn will not, therefore, arise from including the amendment in the legislation per se but from the interpretation of the definition. It is the same definition in both cases. This is a slightly different matter and there...

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

Tony Killeen: These amendments are necessary to ensure that the correct reference is made in the Bill to the Protection of Employment Act 1977, as amended. On the advice of the Parliamentary Counsel, the regulations named in the proposed deletion do not amend the Protection of Employment Act 1977, so the amendments are required for technical reasons.

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

Tony Killeen: The purpose of section 3(2) is to comply with Article 9 of the directive which states that it shall be without prejudice to certain directives that deal, inter alia, with information and consultation to employees in certain situations, such as, for example, collective redundancies or transfer of undertakings in European works councils. It specifically states that this implementation must not...

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

Tony Killeen: I am assured that this is the position.

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

Tony Killeen: If the amendment was to be accepted, its impact would be to replace the word "a" with the word "the". The reason the word "a" has been used is that three different threshold levels, namely, 150 employees, 100 employees, and 50 employees will be used up to 2008. They will be introduced at different stages, at yearly and biannual intervals, up to 2008. In that context, the term, "a threshold"...

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

Tony Killeen: That is my understanding. I referred to the threshold issue and said that, when it arose, I would take the view the threshold would stay in place.

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

Tony Killeen: I believe section 11 stands alone in that regard but I will examine the matter before Report Stage.

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

Tony Killeen: Section 5 sets out the method of calculating workforce thresholds for the purpose of determining whether the legislation applies to a particular undertaking. The section imposes an obligation on the employer to provide details of the workforce numbers to one or more employees, to the Labour Court or its nominee following receipt of a request. The amendment would seek to delete the obligation...

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

Tony Killeen: Were the amendment accepted as presented, it would have the effect, which Senator O'Toole said is unintended, of providing a right for a trade union or excepted body to make a request to an employer for details of employee numbers even if it had no members working in that particular undertaking, which would not be desirable. We must remember the context as we are merely discussing...

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

Tony Killeen: I understand the points made by Senators O'Toole and McDowell on this amendment and understand why they have some concerns. I welcome Senator Quinn's comments on my having stated I would table technical amendments. One of the amendments is not technical but I will deal with it later. It arises from an agreement with the social partners and, as I indicated on the last occasion we dealt with...

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

Tony Killeen: As Senator O'Toole pointed out, the word "election" frightens many people. It will be a cause of concern for some Members of the Oireachtas in approximately 18 months time. Later in the Bill provision is made — in considerable detail — for all types of terrible things such as returning officers, polls, etc. I have two concerns. First, I am happy with the way this system operates in at...

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

Tony Killeen: Amendment No. 2 provides for the involvement of the Labour Relations Commission at an intermediate stage between the local set-up within a company for dispute resolution and the final Labour Court judgment on the issue. On the basis of my experience during the past year, I thought it advisable to provide for this intermediate step. It will help to iron out any difficulties, including those to...

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

Tony Killeen: It is acceptable.

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

Tony Killeen: The definition in this instance is adapted from the directive under Article 2 and seeks to meet the requirements on its transposition. It also takes account of current practice in this area. As Senators O'Toole and McDowell indicated, they do not wish to diminish the current level of contact between employers and employees. In some instances, these contacts constitute good practice, while in...

Written Answers — Departmental Investigations: Departmental Investigations (11 Oct 2005)

Tony Killeen: No distinction is made in employment rights legislation between Irish and migrant workers. For the avoidance of doubt, section 20 of the Protection of Employee's (Part-Time) Work Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16...

Irish Ferries: Motion. (11 Oct 2005)

Tony Killeen: I was about to acknowledge the positive role played by the Deputy in one area. If this House and the public are to be convinced that this company is subject to the type of competitive pressures claimed, then much more information will be necessary together with a greater willingness to engage in dialogue with its workforce. Preliminary advice has been received from the Attorney General's...

Irish Ferries: Motion. (11 Oct 2005)

Tony Killeen: Like Members on both sides of the House, I regret that it is once again necessary to return to this subject in the Chamber. It is the third time I have either answered questions or spoken on the Irish Ferries issue. While some little progress was made, I regret that it is necessary to continue to return to the subject. However, I welcome the opportunity to put on record with my colleague, the...

Irish Ferries: Motion. (11 Oct 2005)

Tony Killeen: Employment rights legislation has an important role to play in promoting labour market stability. The economic benefits of employment security and agreed employment relationships in terms of co-operative work place relations, greater internal flexibility, acceptance of technological change, cumulative skills acquisition and greater incentive for investment in human resources are widely...