Tony Killeen (Clare, Fianna Fail)

As regards amendment No. 60, which would seek the removal of the wording "unreasonably withhold consent to proposals made by employees or their representatives", we must look at this proposal in the spirit of the legislation. It appears to be sensible to include this provision. If we omit it, we are de facto saying that, in any circumstances of their choosing, employers could unreasonably withhold consent to proposals. That would not serve us well in this instance.

Senator McDowell correctly anticipated what I might say about amendment No. 61. We must include a provision that is not unnecessarily onerous. Twice a year appears reasonable, particularly when one takes account of the fact that there is provision for additional meetings should they be required. The wording used in section 4 of Schedule 1 is the same as that used in the directive. We have been trying to reflect as closely as possible the wording of the directive. On balance, people would find it difficult to argue with this provision.

I have examined amendment No. 62 carefully. We should remind ourselves that the intention of the information and consultation directive on the Bill is to ensure that information and consultation are provided by employers systematically and on an ongoing basis so that employees can acquire an informed understanding of the challenges faced by the business. Of course, there are situations where decisions can be made outside the country. However, I do not think we would serve the purposes of this legislation well if we were to provide for them directly as would be the case with the amendment. We need to stick to the spirit and intent of the Bill.

Senator Quinn is correct that there are circumstances where it is entirely possible that decisions could be made without reference to Irish management. Nevertheless, the directive we are trying to transpose, and the culture we are trying to encourage, requires we do so in accordance with the wording in the Bill. I would be very concerned if we were to make this kind of exception, because it would have the effect of undermining considerably what we are trying to achieve.

On amendment No. 63, there is a requirement on employers to provide financial resources to members of the forum to assist them in their duties as is reasonable. It does not appear to impose an overly onerous obligation on them. The code of practice comes into play in that regard.