Tony Killeen (Clare, Fianna Fail)

I would like to respond to Senator McDowell's query before replying to Senators Quinn, Coghlan and White. The EU directive being transposed in this legislation allows for either of the terms "undertaking" and "establishment" to be used. The vast majority of those who contributed to the process of consultation on the matter favoured the use of the term "undertaking". It was more or less agreed before I became involved in this matter that the term "undertaking" would apply if 50 or more people were employed and the term "establishment" would apply if 20 or more people were employed. The term "undertaking" found favour when the time came for the choice to be made.

The amendment before the House contains two separate provisions. I see some merit in the proposal to include in the Bill a definition of the term "trade union". I am prepared to examine the matter in advance of Report Stage to decide whether such a definition should be provided for. It has also been proposed to define the term "undertaking" in this legislation. It is understood that if a term which appears in the directive also appears in the legislation, the same meaning is ascribed to it. I have been advised, therefore, that it would be superfluous to include a definition of the term "undertaking" in the Bill. I have said that I will examine the proposal to include a definition of the term "trade union". I will also examine the other half of the amendment, which proposes the insertion of a definition of the word "undertaking", but I am not as well disposed towards it.