John Paul Phelan (Fine Gael)

I move amendment No. 5:

In page 8, before section 12, to insert the following new section:

12.--(1) The Fifth Schedule of the Act of 1990 is amended by the substitution of the following for paragraphs 2 and 3:

"2. (1) A Committee shall be appointed by the Court and shall consist of:

(a) a Chairperson, who shall be a rights commissioner;

(b) such number as the Court thinks fit of persons (in this Schedule referred to as representative (employer) members) who, in the opinion of the Court, represent employers in relation to whom the Committee is to operate;

(c) an equal number of persons (in this Schedule referred to as representative (worker) members) who, in the opinion of the Court, represent workers in relation to whom the Committee is to operate;

(d) in making an appointment under paragraphs (b) and (c) the Court shall take all practicable steps to ensure that such representatives are representatives of the employers and workers, as the case may be, and shall in particular, have regard to the interests and protection of workers who are not members of a trade union, even in circumstances where they are represented by a trade union at the Committee.

(2) The Chairperson of the Committee shall not be vested with the right to vote on an employment regulation order.

(3) All decisions of the Committee shall be made by a simple majority of its members. Failure to reach a decision shall result in no employment regulation order being made.

(4) In order to constitute a meeting of the Committee, the Chairperson and at least one third of the members shall be present.

(5) In order to constitute a meeting of the Committee there shall be at least one of both the representative (employers) members and representative (workers) members present.

(6) Where a representative member of the Committee ceases, in the opinion of the Court, to be representative of the employers or, as the case may be, workers whom he or she was appointed to represent, the Court shall determine his or her membership.

(7) The Court may, in its discretion, determine the membership of any representative member of a Committee. Where the Court has so determined, the member shall cease to be a member of the Committee.".