Derek McDowell (Labour)

There are a number of different amendments that pull in different amendments, which makes it slightly difficult to get one's head around the issue. We must be straight about what is intended in the amendments in my name and the name of Senator O'Toole. These amendments aim to ensure that if there is a trade union that has members in a particular undertaking, the employer should deal with it. The amendments contain nothing more complicated than that. We are not saying that trade unions must move in and we are not looking for closed shops or compulsory membership of trade unions. We are simply saying that where a trade union already exists within a particular undertaking, that trade union should be entitled to nominate somebody to the employer's forum. This seems to be a very reasonable principle. It does not make sense for us to seek to reinvent another system if a system where the trade unions represent the workers already exists. If this system already exists, it is perfectly adequate that it should continue. The Minister of State will probably refer to subsection (3) and tell me that it already guarantees it but it does not. There is a clear get-out element which looks to give succour to the Michael O'Learys of this world where they can claim that while there are trade unions in their workplace, there is no system of collective bargaining in play, which may be the case. We should be fair and upfront about this. We are saying that if there are members of trade unions in an undertaking, irrespective of whether there is a collective bargaining system in place, the workers should be entitled to nominate the trade unions as their representatives for receiving information and consultation.