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Written Answers — Departmental Correspondence: Departmental Correspondence (22 Mar 2006)

Arthur Morgan: Question 258: To ask the Minister for the Environment, Heritage and Local Government if he will provide full details of all representations from or meetings he has had with any representatives of the Open Republic Institute. [11193/06]

Written Answers — Traveller Accommodation: Traveller Accommodation (22 Mar 2006)

Arthur Morgan: Question 264: To ask the Minister for the Environment, Heritage and Local Government his views on Waterford City Council including in its new Traveller accommodation programme a stipulation that the council will not build halting sites until it can demonstrate it can manage its existing sites; and if he has exercised, or sought to exercise, his powers under section 18 of the Housing...

Written Answers — Traveller Accommodation: Traveller Accommodation (22 Mar 2006)

Arthur Morgan: Question 265: To ask the Minister for the Environment, Heritage and Local Government the actions he has taken to address the concerns raised about the new Traveller accommodation programme adopted by Waterford City Council in respect of correspondence from the Waterford city local Traveller accommodation consultative committee. [11318/06]

Political Donations and Planning: Motion (Resumed). (22 Mar 2006)

Arthur Morgan: I wish to share time with Deputies Catherine Murphy, McHugh, Healy, James Breen and Gregory.

Political Donations and Planning: Motion (Resumed). (22 Mar 2006)

Arthur Morgan: My colleagues, Deputies Ó Caoláin and Ó Snodaigh, have already spoken in support of this motion. I will deal with the demand in the motion for the implementation of the Kenny report. I noted the misleading comments of the Minister for the Environment, Heritage and Local Government, Deputy Roche on the Kenny report during his ill-tempered contribution to the debate yesterday. He is clearly...

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

Arthur Morgan: There is no point repeating everything that has been said. There was a fairly lengthy discussion on this topic on Committee Stage. To spend any longer on it would be a waste of time because the Minister of State has indicated he will not move on the point. I await his comments.

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

Arthur Morgan: I move amendment No. 28: In page 8, to delete lines 40 to 45 and in page 9, to delete lines 1 to 43 and substitute the following: "8.—(1) An agreement establishing information and consultation may be negotiated by the employer and the employee representatives (to be known and in this Act referred to as a "negotiated agreement"). (2) A negotiated agreement shall be— (a) in writing and...

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

Arthur Morgan: I move amendment No. 18: In page 7, to delete lines 16 and 17 and substitute the following: "6.—(1) "Employees' representative" means such trade unions as are, representative of the employees or where there is no such trade union, such persons that are directly elected by the employees in the undertaking.". This amendment deals with the definition of "employees' representative", which means...

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

Arthur Morgan: Interestingly, the Minister of State mentioned best democratic principles. One of the best democratic principles is ensuring an election takes place, providing the way of dealing with it and placing fixed terms on the mandate a representative would receive from fellow employees. That is in keeping with the best democratic principles to which the Minister of State referred. The Minister of...

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

Arthur Morgan: I move amendment No. 19: In page 7, to delete lines 18 to 20 and substitute the following: "(2) Subject to the provisions of subsection (3) and Schedule 2 of this Act, the employer shall arrange for the election of employees representative under this section.".

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

Arthur Morgan: I move amendment No. 20: In page 7, to delete lines 21 to 27 and substitute the following: "(3) A trade union or excepted body that has members in the undertaking and employees in the undertaking shall be entitled to nominate persons for election to the employee forum.".

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

Arthur Morgan: I move amendment No. 21: In page 7, to delete lines 28 to 31 and substitute the following: "(4) A person elected to the position of employee representative shall hold that office for a period of no longer than three years.".

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

Arthur Morgan: I move amendment No. 22: In page 7, to delete lines 32 to 36 and substitute the following: "(5) Where a dispute arises under this section, it may be referred by trade union or excepted body or one or more employees to the Court for determination.".

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

Arthur Morgan: Amendment No. 17 is quite straightforward. It seeks to include in this section the phrase "a trade union or excepted body". I cannot understand why the Minister of State would not accept such an amendment because he is dealing with trade unions almost on a daily basis, as is the Government. It is surely proper that the recognition should therefore be included in legislation. A trade union or...

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

Arthur Morgan: The two amendments are identical with the exception of where they sit within the Bill. I too had a representation from congress on the matter. I agree with Deputy Howlin that irrespective of where this amendment is placed it would bring a huge amount of clarity to the Bill and would prevent an employer avoiding responsibility, and surely that is what we should seek. The other points have been...

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

Arthur Morgan: The ICTU position is that this is required to ensure that employers do not use structures established under the Bill to avoid the provisions of the legislation referred to in the amendment. Does the Minister of State accept or reject that point?

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

Arthur Morgan: We spoke about this issue briefly earlier. If a trade union has members in an undertaking, it is reasonable that the trade union should be able to request information from the employer regardless of whether the employer recognises the trade union. It is about trade union recognition. We regularly hear the Minister of State lauding the trade union movement and saying it is a useful tool in...

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

Arthur Morgan: It is unfortunate that time and resources would be wasted going through a process to have the Labour Court secure the information when the undertaking would ordinarily have a four-week period within which to get the information. Surely that is reasonable. If this process must go through the Labour Court to get the information, that wastes everybody's time.

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

Arthur Morgan: I wish to press it further.

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

Arthur Morgan: I move amendment No. 2: In page 3, to delete lines 22 to 25. This amendment is aimed at ensuring an election to select a representative of the employees rather than an appointment. The Bill currently reads: '"appointed" means, in the absence of an election, . . . be such as is agreed by them with the employer'. I am concerned that this method of appointing a representative of the employees...

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