Séamus Brennan (Dublin South, Fianna Fail)

The general approach to staffing issues in section 12 is to provide for the standard enabling powers regarding the appointment of staff including some minor powers to hire staff to be given to Cork and Shannon before the appointed days, combined with a range of specific provisions covering the transfer of staff to Cork and Shannon after the appointed days, and the future terms and conditions of staff at all three airports. Section 12 was discussed extensively with trade union representatives, and was debated during the passage of the Bill through Dáil. Arising from these discussions, additional provisions have been included, and amendments made, to address the concerns raised. The Minister has therefore made every possible effort to address these in a reasonable and balanced way. Section 12, as it now reads, provides very adequately for the position of staff at the airports.

Amendments Nos. 34 and 35 concern enabling provisions at subsections (1) to (3), inclusive, each of which gives to the airports the power to appoint staff as they see fit. These are standard provisions covering the appointment of staff. The effect of the proposed amendments would be that the authorities could not appoint staff in their own right until after the relevant appointed day. In the case of Dublin this is unnecessary as the Dublin Airport authority will be established only on the Dublin appointed day and, therefore, this provision will be effective only from that day. In the cases of Cork and Shannon, however, it is considered appropriate that these companies have the power to take on at least a few staff during the transitional phase. It is expected that in considering such appointments and their terms and conditions, the authorities will have careful regard to their remit during this transition period.

Amendment No. 35 is not necessary as the wording is sufficiently clear. As regards amendment No. 36, section 12(6) is designed to provide a workable mechanism for addressing any disputes which may arise regarding the allocation of staff. The subsection allows for consultation with recognised trade unions and staff associations and it is envisaged that these consultations would have a bearing on the final decision made by the Dublin Airport authority. The subsection also includes the added safeguard of allowing the Minister to set criteria to be applied in resolving a dispute. In requiring the agreement of the trade unions and staff associations before staff could be designated, the substitute section could be very difficult to operate in practice with a possibility of protracted and open-ended disputes.