Feargal Quinn (Independent)

I move amendment No. 60:

In page 20, lines 20 to 22, to delete all words from and including "but" in line 20 down to and including "representatives" in line 22.

This amendment is technical in nature. The elaboration in the Bill text is superfluous and unnecessary. The aim of amendment No. 62 is to preserve the management position to where they have competence and to seek protection where immutable decisions are taken elsewhere, for example, a company head office in another country. This is the concern if we do not include the wording submitted in the amendment. If the amendment is accepted, section 4(2) would state:

Consultation shall take place:

(a) while ensuring that the method, content and timeframe thereof are appropriate;

(b) at the relevant level of management and representation, depending on the subject under discussion;

(c) on the basis of information supplied by the employer and of the opinion which the employees' representatives are entitled to formulate;

(d) in such a way as to enable the Forum to meet the employer and obtain a response, and the reasons for that response, to any opinion they might form;

(e) with a view to reaching an agreement on decisions referred to in paragraph 3(c) that are within the scope of the employer's powers to raise within the timeframe at paragraph (a) and within the competence to respond within the rationale required at paragraph (d).

The concern is to limit the exposure that decisions might be taken outside the State. We can foresee a situation where companies based in Ireland might have decisions made elsewhere, and this must be taken into account. I would like the Minister of State to consider this aspect.

Amendment No. 63 proposes to reduce the exposure an employer has and to avoid disputes over a carte blanche assumption or presumption by employees. This is the reason for suggesting that amendment No. 63 should be accepted. It covers a situation where decisions are being made elsewhere and are not made inside the competence of local management in Ireland. This aspect is worthy of consideration.