Seanad debates

Wednesday, 12 October 2005

Employees (Provision of Information and Consultation) Bill 2005: Committee Stage.

 

11:00 am

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)

As Senator O'Toole pointed out, the word "election" frightens many people. It will be a cause of concern for some Members of the Oireachtas in approximately 18 months time. Later in the Bill provision is made — in considerable detail — for all types of terrible things such as returning officers, polls, etc.

I have two concerns. First, I am happy with the way this system operates in at least two areas of legislation, namely, the Transnational Information and Consultation of Employees Act 1996 and that which applies in respect of health and safety. What the Senators have said in a sense illustrates the enormous range of practices and of companies that operate in this country. I know Senator McDowell indicated that this is potentially troublesome on FDI companies. The sense I have, from engaging with the social partners on both sides, is that it will be anything but troublesome with the FDI companies. To be fair to them, they have engaged very strongly with the provisions of the directive and with what is required in the legislation. I do not expect that there will be any particular difficulty in that regard. However, there will, perhaps, be enterprises where a forum already exists. In order to ensure that they comply with the directive and the legislation, when it is passed, they need to have an information and consultation forum. It has worked as regards the other two areas of legislation that I have mentioned where people have been prepared, by agreement, to be nominated to do the job when candidates have not been offering for election.

If I did not have the experience of the other two areas of legislation to fall back on, I confess that I would be quite taken by the point made by Senator O'Toole. I note the point he makes as regards a majority of employees and I certainly will examine the position in that regard. My understanding is that it is inferred but if that is not the case, I will return to this matter on Report Stage.

As regards the other aspects, I am more than happy that it operates particularly well. The Senator is quite right. If one was inventing a system of social partnership, it is highly unlikely that one would opt for the Irish model. However, that model is enormously successful, particularly, as the Senator stated, in respect of the number of strike days lost, which is at a record low at present. That will hopefully continue to be the case. It is somewhat dangerous to highlight this because it might draw a mí-ádh on us. However, that is certainly the case. It has worked extraordinarily well. This legislation will have an impact, not dramatically, in a big-bang sense, but gradually over time.

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