Results 28,001-28,020 of 29,533 for speaker:Brendan Howlin

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: Who?

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 32: In page 11, to delete lines 46 to 47 and in page 12 to delete lines 1 to 26.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 35: In page 12, to delete lines 33 to 49 and in page 13, to delete lines 1 to 11 and substitute the following: "13.—(1) An employer shall not do any act (whether of commission or omission) that, on objective grounds, adversely affects the interests of the employee or his or her well being in relation to the performance of his or her functions as an employee...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I am grateful to the Minister of State for writing to me. He did so after Committee Stage and pointed out that his view of a definition of penalisation was adequate to give protection. The import of the amendment I am suggesting is to broaden the definition of "penalise" and make it similar to the definition of victimisation in the Industrial Relations (Miscellaneous Provisions) Act. The...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I am grateful to the Minister of State for reflecting further, as he promised he would on Committee Stage, and for adding his own name to my amendment.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 41: In page 15, line 34, after "oath" to insert "or affirmation". I tabled this amendment on Committee Stage for the purpose of greater clarity as I was informed that the provisions of the Interpretation Act 2005 on oaths are somewhat obscure and do not cover all cases. Subsequent to the discussions, the Minister of State kindly wrote to me and assured me that having...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 43: In page 16, line 9, to delete "A person" and substitute "Subject to subsection (6), a person". This amendment is tabled for the purpose of making clear that subsection (6) takes priority over subsection (5). Given that the Minister of State was to reflect further on this matter, does this amendment need to be made?

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I thank the Minister of State for the reassurance.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 46: In page 22, line 2, to delete "twice" and substitute "four times". This is a moot amendment. It is a proposal to increase the number of meetings per year for the forum from two to four. The requirement that the forum would have the right to meet the employer four times a year would be reasonable. The requirement to hold two meetings a year is inadequate. It would not...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: My concern is that if that if there is a legislative requirement for two meetings, that becomes the norm. Article 4.3 of the directive sets out the objective which is the delivery of information at a time that enables employee representatives to study it and consult employees. If the gap between meetings is six months, that will run counter to the expressed requirement of the directive under...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I regret I cannot persuade the Minister of State to my point of view. There is no point in taking up the time of the House in making any further attempts.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 48: In page 23, to delete lines 17 to 19 and substitute the following: "(b) a trade union or excepted body that has members in the undertaking.". This amendment seeks to widen the definition of trade union for nomination purposes beyond those simply recognised by the employer. It links in to discussions we have had previously about the recognition of trade unions and...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I ploughed this furrow on Committee Stage. I decided not to resubmit my amendments on Report Stage. I am glad to have the opportunity afforded by Deputy Morgan taking them on and carrying them to the next step. A coherent enough argument was made by the Minister of State. However, it was not compelling. I still support the ideas and views expressed by Deputy Morgan on this occasion.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I move amendment No. 24: In page 7, to delete lines 37 to 47 and in page 8, to delete lines 1 to 39 and substitute the following: 7.—(1) An employer shall enter into negotiations with the representatives of employees to establish information and consultation arrangements. (2) Within 6 months from commencing negotiations, the parties shall agree to establish an information and consultation...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stages. (22 Mar 2006)

Brendan Howlin: I see the point. In the unlikely event that my amendment which replaces the section is accepted, a new section is created. The House could probably take that gamble and risk it. However, I accept the Leas-Cheann Comhairle's ruling.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Brendan Howlin: I move amendment No. 11: In page 5, between lines 17 and 18, to insert the following: "2.—In any disciplinary proceedings against an employee, the employee may be represented by his or her trade union representative regardless of whether or not the trade union concerned is one recognised by the employer.". This is an important issue on which we had some discussion on Committee Stage. I do...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Brendan Howlin: Obviously the Minister of State did not get the opportunity to have the cup of coffee I advised.

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Brendan Howlin: The issue is correctly deemed by the Bills Office to be before the House, so whether it is outside the scope intended by the Minister of State, we can use this vehicle to do the work. Accordingly, the first argument of convenience put forward by the Minister of State falls. The matter is properly before the House and can properly be inserted into the Bill, as the Ceann Comhairle and the Bills...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Brendan Howlin: That is the view of the Minister of State but the House has also taken a view. What is proper is determined by the orders of the House. It is not convenient for the Minister of State to accept it, or he does not want to expand the scope of the Bill to accept it. In essence, that is the unlisted argument which is a different one. The other issue, on which I am still no wiser, is that the...

Employees (Provision of Information and Consultation) Bill 2005 [Seanad]: Report Stage. (22 Mar 2006)

Brendan Howlin: Will the Minister of State answer that question?