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Seanad: Order of Business (17 Jul 2012)

David Cullinane: No.

Seanad: Order of Business (17 Jul 2012)

David Cullinane: I have called for a full debate on poverty on a number of occasions in this House in recent months. The Leader indicated he would consider hosting such a debate but up to now he has not come back with any timeframe or date. A number of reports have been published since I made those calls. A report by the Irish League of Credit Unions, published last week, reveals that 1.82 million people...

Seanad: Order of Business (17 Jul 2012)

David Cullinane: On a point of order, I ask for more consistency from the Cathaoirleach with regard to people making contributions. When we have an opportunity to speak we raise one issue, but Senators on the Government side are allowed to raise two or three issues. There should be consistency.

Seanad: Order of Business (17 Jul 2012)

David Cullinane: Hear, hear.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 2: In page 6, lines 31 to 32, to delete all words from and including "and" in line 31 down to and including "so," in line 32. These amendments are being taken together because they all deal with removing the ability of the Minister to exercise powers of discretion in a number of areas. Amendments Nos. 2 and 3 remove the discretion to refuse to make an order to confirm...

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: Disregard the recommendation. It has the potential.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I accept the Minister is well intentioned in terms of what he is trying to achieve but I believe the provision is flawed. In my view, political oversight is where we legislate for the setting of parameters and rules. That is what we should do here for the Labour Court, namely set out rules and conditions to which it must have regard. We had a discussion about those previously. We are not...

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I know that.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I accept that but the Minister should do so only on the basis of a recommendation which comes from the court because it makes a determination based on what has been laid down by us as legislators. I shall make a comparison for the Minister. I am not sure if he was a councillor but I was and so were a number of Senators.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: Then the Minister will fully understand the point I shall make. I was part of group that developed the housing policy for Waterford City Council. We developed a scheme of letting priorities by setting out the parameters under which people were entitled to housing and the housing officials were then given the power and responsibility to implement the policy. They decided to whom and how...

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I wish to clarify a point I made earlier. When I talked about a conflict between workers' rights and job creation I made the point that it was a false dichotomy. I do not believe that there is a conflict. It is important that we have robust protections and enhance employment rights. The Minister seeks to improve some of the employment rights and bodies and to streamline the process which...

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: The oversight does not end when the Labour Court makes a recommendation to the Minister because there is recourse to superior courts. There are options for people to have redress through the superior courts of the land. In regard to accountability, we should not create an impression that it stops at that level. It does not stop at that level, there are superior courts which could act in an...

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 3: In page 6, lines 37 to 39, to delete all words from and including "or" in line 37 down to and including "agreement," in line 39.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 4: In page 9, lines 10 and 11, to delete all words from and including "and" in line 10 down to and including "so" in line 11.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 5: In page 9, lines 16 to 18, to delete all words from and including "or", where it firstly occurs, in line 16 down to and including "order," in line 18.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 6: In page 10, lines 27 to 29, to delete all words from and including "and" in line 27 down to and including "so," in line 29.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 7: In page 10, lines 35 to 37, to delete all words from and including "or", where it firstly occurs, in line 35 down to and including "cancellation," in line 37.

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 8: In page 12, line 12, to delete "24 months" and substitute "12 months". The two amendments are linked. The legislation provides for a business to opt out of an agreement for a period of 24 months within a five-year period in certain circumstances. We see the logic of an opt out as many businesses are struggling. While it is desirable that workers protected under JLCs...

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 9: In page 12, line 24, to delete "24 months" and substitute "12 months".

Seanad: Industrial Relations (Amendment)(No. 3) Bill 2011: Committee Stage (12 Jul 2012)

David Cullinane: I move amendment No. 10: In page 13, line 5, after "business" to insert the following: ", including information on payments to directors and companies associated with directors over the previous 3 years,". This amendment is similar to amendments Nos. 8 and 9 in the sense that it deals with the "inability to pay" exemption. I am disappointed that the Minister's decision not to accept the...

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