Cassidy, DonieWednesday, 24 November 2004 |
Select Committee on Enterprise and Small Business Debate 
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This meeting has been convened for the purpose of continuing our consideration of the Safety, Health and Welfare at Work Bill 2004. As agreed yesterday, we will consider this Bill from 9.30 a.m. to 1 ...
Has the Minister of State concluded his remarks?
While the Chairman should not participate in these discussions I presume CD Roms and so on are an accepted format for the safety statement, as well as print.
We learn something every day.
The Deputy knows it all.
Deputy Morgan is very familiar with this particular part of her land.
It was discussed yesterday at some length.
Such as in abattoirs.
The Minister of State might want to look at that again and return to it on the next Stage for further clarification.
There are two different issues.
The real army deafness.
A final question on section 22.
The Minister of State has heard the serious views of Deputies on this section. If he can do anything on Report Stage to address some of the concerns raised, he should do so.
Amendment No. 51 is being discussed on its own.
Amendment No. 52 is in the name of the Minister. Amendments Nos. 53 to 55, inclusive, and amendments Nos. 99 to 102, inclusive, are related and will be discussed together. Is that agreed? Agreed.
Amendment No. 57 has already been discussed with amendment No. 10.
Amendments Nos. 59 and 60 are related and may be discussed together, by agreement. Is that agreed? Agreed.
Question put: “That the new section be there inserted.”
Voted No
Amendment No. 70 is in the name of the Minister and Deputy Howlin.
There is an occupational agreement between the Minister of State and the Deputy.
I draw to the attention of members that this amendment, which inserts a new section, contains a typographical error. Paragraph (f) of subsection (4) which currently reads “any matters consequential on...
Amendment No. 74 cannot be moved.
I am advised to refer to note 11.
The same is proposed in respect of amendment No. 76.
If amendment No. 72 is agreed, amendments Nos. 73 to 76, inclusive, cannot be moved.
That is correct.
I must refer to note 11 where this arises. I do not want to be repetitive but my notes indicate that if amendment No. 72 is agreed, amendments Nos. 73 to 76, inclusive, cannot be moved. Amendment No. ...
A party may appeal to the Labour Court from a decision of a rights commissioner under section 28.
Is section 29 agreed to? I note that this decision should be in the negative.
The question, in effect, is that section 29 should not stand part of Bill.
It is not agreed. The Deputy is being mischievous and the Chair will not forget that.
Is the amendment agreed?
Is it agreed that section 30 should not be part of the Bill and should be replaced by the new section? Agreed.
Yes, the “No. 1 Act”, so to speak. However, in fairness to the Deputy, he wanted amendments Nos. 84, 85 and 158 to be discussed separately and we agreed on that.
It is the same as amendment No. 111.
The Deputy is a former Minister with enormous experience. His views must be taken into account at this stage.
Amendments Nos. 88 to 92, inclusive, are related to amendment No. 87. Is it agreed that amendments Nos. 87 to 92, inclusive, be discussed together?
I am in the members’ hands. Is it agreed that they be discussed separately? Agreed.
That is the 15th amendment accepted by the Minister.
I remind the Minister and members that we are only halfway through Committee Stage. The continued co-operation is much appreciated.
Will the Deputy amend his proposal to 50% from the outside nominating bodies? That would cover the difficulty the Minister has.
Is the amendment being withdrawn?
What about increasing the membership numbers?
Where there is a will, there is a way.
Where there is a requirement, there is a way. How can we deal with this, Minister?
Does the Minister of State want time to reflect?
The Minister of State might use his influence. The matter will be brought back on Report Stage.
A strong point was made by the Deputy.
Amendments Nos. 94, 150 and 151 are related and may be discussed together.
Amendment Nos. 121, 124 to 133, inclusive, and amendment No. 157 are related to amendment No. 95 and amendment No. 130 is an alternative to amendment No. 129. Amendments Nos. 95, 121, 124 to 133, incl...
There is no difficulty.
Is that the Deputy’s colleague?
Amendments Nos. 96 to 98, inclusive, are related and may be discussed together.
Amendments Nos. 105 to 114, inclusive, 116, 117, 135 and 136 are related. Amendment No. 136 is an alternative to amendment No. 135. They will all be discussed together.
Yes. We will, therefore, discuss amendments Nos. 105 to 108, inclusive, together. Is that agreed? Agreed:
Amendments. Nos. 109 and 110 are related and may be discussed together.
Amendments Nos. 111 to 113, inclusive, are related and may be discussed together. Is that agreed? Agreed.
Amendments Nos. 120 and 134 are related to amendment No. 119.
Amendment No. 123 is cognate on amendment No. 122 and they will be discussed together.
Amendment No. 126 is related to amendment No. 125 and both may be discussed together.
Amendment put.
Voted No
Amendment No. 127 has been discussed with amendment No. 95.
This amendment was discussed with amendment No. 95.
Amendments Nos. 131 to 133, inclusive, may be discussed together.
In the most recent case a very reputable company was fined €1 million.
Deputy Callanan’s point was the property owner who gets a contractor to build a——
Is that the contractor?
Is that the contractor as opposed to the person who owns the property and allocates the job?
So it is the employer who is the contractor.
Would the Minister of State consider the amendment on Report Stage?
Will the Minister of State come back to the Deputy?
It is a legal term without any positive connotations.
Is the Deputy’s amendment related to amendment No. 136, in the name of the Minister for Enterprise, Trade and Employment?
I would like them to be considered together, if members wish to do so.
Amendment No. 136, in the name of the Minister for Enterprise, Trade and Employment, is an alternative to amendment No. 135.
Will we consider the amendments separately?
Okay.
This decision should be in the negative.
The matter will be discussed again on Report Stage.
Amendment Nos. 139 to 149, inclusive, are related and may be discussed together, by agreement. Amendment No. 139 has been tabled in the names of the Minister and Deputy Howlin.
The Minister of State is not in opposition.
The Deputy and the Minister of State are in agreement on amendment No. 139.
We received strong representations on this issue.
Is there a figure attached to this whereas there was not previously?
Is this what the Irish Hotels Federation has been lobbying everyone about for the last few days? I have a vested interest as a shareholder, not a director, which I must declare. We will certainly have...
Is the amendment withdrawn?
I thank the Minister of State and his officials for their help and the courtesy they have shown the select committee in its deliberations. Members look forward to working with them for the remainder o...
Message to Dáil.
In accordance with Standing Order 85, the following message will be sent to the Dáil: The Select Committee on Enterprise and Small Business has completed its consideration of the Safety, Health and We...
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