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Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Feargal Quinn: I congratulate the Minister and his officials on this legislation. I appreciate the Minister's responsive attitude to the comments and suggestions that were made and his grasp of the detail of this Bill. A friend of mine was killed over 20 years ago in the Buttevant train crash. He travelled by rail to Cork because he thought he would be safer on the train than on the road. It is when one has...

Seanad: Order of Business (Resumed). (23 Nov 2005)

Feargal Quinn: The Director of Public Prosecutions published a report this week which is worthy of consideration for a debate in the House. The report suggests that one third of Garda cases fail to reach the courts due to a lack of evidence and that only two out of every five cases reach the courts. I do not know the reason for this outcome but, in business, if ten products were produced but only three...

Seanad: Railway Safety Bill 2001: Report and Final Stages. (23 Nov 2005)

Feargal Quinn: I second the amendment. To a large extent, I remind the Minister of State that the work which is carried out by both Houses of the Oireachtas is not always recognised outside. Senator Paddy Burke has referred to the National Roads Authority and other cases. One of our objectives is to ensure that the work of the Oireachtas is recognised. This amendment would not establish a precedent. I...

Seanad: Irish Medicines Board (Miscellaneous Provisions) Bill 2005: Second Stage. (22 Nov 2005)

Feargal Quinn: I welcome the Minister of State to the House and the Bill. The Minister of State said the Bill is largely technical and I accept that is the case. I want to use the occasion to make the case for adding another function to the role of the Irish Medicines Board, one I am sure it can discharge as effectively and efficiently as it has done for many years, along with all its other functions. The...

Seanad: Order of Business. (22 Nov 2005)

Feargal Quinn: It was reported today that the UK Government is planning to announce sometime this week its support for an investigation into new nuclear power stations. The aspect of the newspaper report that struck me was the statement that stations are expected to be built on existing sites to reduce opposition and to speed up procedures. Senators Henry, Ross and Norris have in the past expressed their...

Seanad: Order of Business. (3 Nov 2005)

Feargal Quinn: We should have the debate on transport very soon. Senator Norris referred to his enthusiasm for the metro while Senator Morrissey referred to a Dundalk to Nenagh axis. I travelled from Belfast and discovered that one cannot buy petrol or go to a toilet south of the Border without leaving the motorway. This decision by the National Roads Authority must be examined. Once one travels north of...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I felt that the wording in the Bill was defective with regard to "collective representation" because the directive does not make such a provision. Our intention for the amendment is to align it with the directive. The opt-out criteria should be higher in order to avoid the risk of abuse by minorities. I accept the Minister of State's proposals with regard to amendments Nos. 29 and 30 and his...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I move amendment No. 31: In page 11, line 12 to delete "10 per cent" and substitute "25 per cent". The minimum requirement of 10% of employees in the undertaking provided for in subsection (2) is subject to the approval of the majority of employees to whom the direct involvement system applies. We propose to increase the minimum requirement to 25%. The opt-out criterion should be higher to...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I move amendment No. 33: In page 11, line 28, after "When" to insert "preparing for or entering negotiations or". This amendment will require parties to act reasonably. For example, a trade union would not deliberately be able force an employer into a standard rules situation by default. This amendment is worthy of consideration.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: In light of the Minister of State's confidence in section 12, I withdraw the amendment.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: The Minister of State listened to the argument made by Senators McDowell and O'Toole for acceptance of their amendment. I do not have a problem with question of paid time off. While that would not have been readily accepted by employers a generation or two ago, it is recognised as being necessary now if this system is to work. I have a problem with the version of amendment No. 35, but it has...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: On amendments Nos. 36 and 65, I would have preferred to have noticed an aspect previously and it is probably too late to insert an amended wording now, but I would like the Minister of State to clarify or even further amend the section, if possible. I refer to page 13, subsection (2), line 43. Would it possible for the Minister of State to add to the text the words "something which cannot be...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I move amendment No. 37: In page 13, lines 5 and 6, to delete "one or more than one employee or his or her representatives (or both)" and substitute the following: "or the majority of employee representatives, or by written request of at least 15 per cent of employees". In tabling this amendment, Senator Coghlan and I are trying to avoid spurious claims that are not realistic. The amendment...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I will not press amendment No. 37, in light of the Minister of State's views, but I would like him to take the matter into account and to ensure that he is satisfied before the Bill returns to the Dáil. It is a genuine concern and it has happened in the past where one individual decides not go through the procedures. On the other hand, I understand the Minister of State's point, that there...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I move amendment No. 60: In page 20, lines 20 to 22, to delete all words from and including "but" in line 20 down to and including "representatives" in line 22. This amendment is technical in nature. The elaboration in the Bill text is superfluous and unnecessary. The aim of amendment No. 62 is to preserve the management position to where they have competence and to seek protection where...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: No.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I move amendment No. 62: In page 21, line 30, to delete "powers." and substitute "powers to raise within the timeframe at paragraph (a),and within the competence to respond within the rationale required at paragraph (d).". In light of what Senator McDowell said, it could be abused in some circumstances. However, there is a case to be made to which I referred. I would like the Minister of...

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I move amendment No. 64: In page 22, lines 19 to 22, to delete all words from and including "by" in line 19 down to and including "representation." in line 22 and substitute the following: "on the basis of any appropriate in-house arrangements. In the absence of in-house arrangements voting in the poll shall take place by secret ballot on a day or days to be decided by a returning officer."....

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I am not happy with that. The Minister of State has given attention to it, but there is a strong case to be made for my amendment. I urge the Minister of State to reconsider this because it is a point that deserves more attention than has been given.

Seanad: Employees (Provision of Information and Consultation) Bill 2005: Report and Final Stages. (3 Nov 2005)

Feargal Quinn: I came into this without a great deal of experience of this kind of legislation. I am impressed by the Minister of State and by his officials and the amount of work that was put into the Bill. I found it very educational. It was good to have a Minister of State who responded to our concerns expressed on Second and Committee Stages.

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