Results 2,581-2,600 of 2,815 for speaker:Tony Killeen

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: To address Deputy Howlin's question, it is no harm that all the provisions of subsection (3)(f) are subject to subsection (6), which states: In determining whether the steps which an employee took or proposed to take were appropriate, account should be taken of all the circumstances and the means and advice available to him or her at the relevant time.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: It may well have been what led the Parliamentary Counsel to give the advice on preferring the word "danger" to that of "circumstance" in line 27.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I do and my difficulty is that, were I to accept this amendment in opposition to the legal advice, I might be placing an employee at a disadvantage should the matter be challenged in the courts.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Despite my view on the grammar, I accept that the term "while the danger persisted" seems clearer and more definite than that of "while the circumstances persisted".

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Except that all of this is informed by section 6——

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I apologise. It is informed by subsection (6), to which I have already referred. This deals with the circumstantial requirement — if not the grammatical requirement — that Deputy Howlin is proposing to include in line 27. The inclusion of the term "danger" there and the word "circumstances" in the other deals with both concerns.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Deputy Durkan is correct in that the second "employer" should read "employee". It would not be appropriate to override protection against dismissal and penalisation in the case of actions taken by the employer for commercial reasons, which deals with paragraphs (b) and (c). In respect of the proposed new subsection (4)(a), the employer would have a defence under the Unfair Dismissals...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I sought advice, which I undertook to do on Committee Stage.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: From the same person. I am advised that the appropriate provision is that the commencement order should state "the Act" because that is what is done elsewhere. However, I confirm that it is intended to commence this section as soon as possible.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: The commencement order states "the Act". I am advised that is the appropriate way to deal with bringing the Act into operation even where some sections are excluded for the time being. It is consistent, therefore, with such language that this section also refers to the commencement of the Act. I can confirm that this section will be among the first to be commenced.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I am not empowered to accept the amendment since I did not accept amendment No. 1.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I think I will be able to explain why.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I move amendment No. 30: In page 44, line 35, to delete "12" and substitute "11". Amendments Nos. 30, 63 and 64 in my name are all technical and arise following my acceptance of the proposal Deputy Howlin made that the chief executive officer be excluded from the board of the authority. Amendments Nos. 31 and 32 in the names of Deputies Howlin and Morgan refer to gender balance.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: There have been two developments since the Committee Stage debate on this matter. One is that I nominated a new board which, when this Bill is enacted, will have 43.66% female representation. Such representation is smaller at present because the last position will only come into play when the Bill is passed. Members who were present for the Committee Stage debate will remember one of the...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: There was no requirement that they supply the names of men and women. Since 21 April, however, the Minister of State, Deputy Fahey, has, with the agreement of the Government, announced that in future nominating bodies will be required to give the names of men and women.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Required. The note I have been given states: The Government has decided that from now on, nominating bodies must put forward both male and female options for those appointments to State Boards where they are the responsible authority. The Government will then choose from among nominees so as to ensure that the 40% minimum representation from both genders is achieved. There have been those two...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: It would be better if provisions of this nature applied across boards rather than specifically to this board. There is not much more that I could have done than to exceed the 40% target. I welcome the Government decision in regard to other boards.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: All three Deputies will be well aware that no notice whatever was taken of the fact that there is in excess of 40% of female representation on the new board. In a sense, that makes the point Deputy Howlin has been arguing that it is an area where we have not been as strong as we should have been. However, I welcome the announcement by the Minister of State, Deputy Fahey, and that is the...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I have considered the amendment in the interim and, as Deputies will be aware, under the Ethics in Public Office Act 1995 Members of both Houses are required to make a disclosure which is subsequently made public. I am not prepared to allow the Health and Safety Authority to be the only public body that must make public a register of its members' interests.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: If I were to accept the amendment, the Health and Safety Authority would be the only body to which the requirement would apply and, therefore, I would be creating an anomaly. If the point made by Deputy Howlin is correct and his argument is sustainable, his objective should be achieved by way of an amendment to the Ethics in Public Office Act 1995. That opportunity will undoubtedly arise in...