Seanad debates

Wednesday, 29 March 2006

Employees (Provision of Information and Consultation) Bill 2005 [Seanad Bill amended by the Dáil]: Report and Final Stages.

 

11:00 am

Photo of Joe O'TooleJoe O'Toole (Independent)

It is probably more appropriate for me to raise my point about the flow of information as an example of confidentiality. I wish to illustrate the point with an issue so that we will have a greater understanding of how this matter operates. Taking the Irish Ferries situation, for example, perhaps the Minister of State could outline how a determination is made on that flow of information on something that may or may not be confidential. As regards the current situation with Irish Ferries, we are all aware of the fact that the company has been examining the question of redundancy. This raises the question of the State paying redundancy to a company that was sacking workers who were fully employed, to be replaced by other workers. The question arises as to whether that would be redundancy. How, therefore, does the flow of information and confidentiality on that issue operate? Will the Minister of State tells us what is the current situation regarding the Irish Ferries issue in this respect? My understanding is that there may well be an application for redundancy payments but, if so, who will make that decision? Are we aware of how it will be made? Will it be referred to one of the deciding officers in the Minister of State's Department who will consider or deal with it there? Has the Government taken a view as to whether this is redundancy as defined under the Act? Will Irish taxpayers be funding, re-funding or otherwise supporting Irish Ferries in sacking Irish workers in order to replace them with other workers as a scam? What is going on here? Can this clause be used in any way to keep under the counter anything that is happening in this area? How will this matter play out if there is an application from Irish Ferries? Is something being done about it at the moment and, if so, how will it be dealt with? Is it the responsibility of the Minister of State? Does the matter have to go to the Government and, if so, does the Government have to refer it to the Attorney General? At the time, we were told that redundancy might not be recognised in this situation and that the Attorney General would have a view on it. Did that happen and, if so, where will the matter now be decided? I know it can be referred either to the appeals board or the redundancy tribunal.

Confidentiality is the kind of issue people are worried about. Senators will want to know about it from a political viewpoint, although I recognise that it is not necessarily a public issue in a normal situation. This is something that galvanised the whole country two months ago but where does it stand now? Is Irish Ferries still working behind the scenes to try to get money from the taxpayer to pay for its disgraceful act of replacing Irish workers in that manner? That upset everybody in this country. What exactly is going on in that area now and where does the Government stand on it?

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