Tony Killeen (Clare, Fianna Fail)

The definition in this instance is adapted from the directive under Article 2 and seeks to meet the requirements on its transposition. It also takes account of current practice in this area. As Senators O'Toole and McDowell indicated, they do not wish to diminish the current level of contact between employers and employees. In some instances, these contacts constitute good practice, while in others they may not be sufficient to meet the terms of the directive because it includes a requirement that employees be in a position to present their opinions and have them heard. There is, therefore, a two-way process, even if it applies only to an individual employee or small group of employees.

A significant number of companies have arrangements in place which are likely to meet the requirements of pre-existing agreements. Many of these companies have been to the fore in exchanging information with their employees. We should value good practice in this area and avoid removing from employees a facility they greatly value. Senator O'Toole pointed out that this is not his intention but my advice is that failure to include this provision would make it difficult for current good practice, some of which could be developed, to continue. While I understand the Senators' points on consultation with representatives of employees, we are trying to transpose the provisions of the information and consultation directive. We already have good practice in some instances, while in others, such as the cases about which the Senators expressed concern, practice must improve if the terms of the legislation are to be met.