Seanad debates
Wednesday, 12 October 2005
Employees (Provision of Information and Consultation) Bill 2005: Committee Stage.
12:00 pm
Feargal Quinn (Independent)
I move amendment No. 9:
In page 4, subsection (1), between lines 25 and 26, to insert the following:
"'trade union' means a trade union which is the holder of a negotiation licence under Part I of the Trade Union Act 1941;
'undertaking' means a public or private undertaking carrying out an economic activity, whether or not operating for gain.".
The purpose of this amendment is to add precision to the legislation. I propose that a definition of "trade union" be included in the Bill, as trade unions are referred to on many occasions in it. We all know what a trade union is, but it should be formally defined in this instance. There is nothing contentious about the definition I propose. I also propose that we formally define the word "undertaking", which, unlike the term "trade union", is highly ambiguous. It is clear that we need to define precisely what is meant by an "undertaking" in so far as it is used in the Bill.
Does the Minister of State intend that the Bill will apply to the public sector as much as it will apply to the private sector? I believe it should apply equally in both instances. Therefore, we should define the word "undertaking" accordingly. Equally, does the Minister of State intend that the Bill will apply to not for profit organisations as much as it will apply to commercial undertakings? As I think it should apply equally in both cases, I feel that the definition of the word "undertaking" should be inclusive of not for profit organisations. I am familiar with the joke about non-profit making organisations — they did not start out that way, but they finished up that way. The term "not for profit", rather than "non-profit making" is used to refer to organisations which do not seek to make profits. We need to define the word "undertaking", which causes me some concern. I would like the Minister of State to put my mind at rest about his intentions in that regard.
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