Ahern, BertieTuesday, 3 July 1990 |
Dáil Éireann Debate
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Industrial Relations Bill, 1989: Report Stage.
Because of the loss of time, I think it has been agreed between the whips and party spokesmen that instead of finishing the Industrial Relations Bill, 1989, at 1.30 p.m. we will finish it at 2.30 p.m.
What is being provided for in the Bill is the objective definition of “employer” for the purposes of defining the parties to a trade dispute. An employer must be a legal entity or person and for this...
While a dispute must be between employers and workers the subject matter of a dispute could relate to persons who are not workers. An example of this would be workers who would have a dispute with an...
I said on Committee Stage that I would give further consideration to the points made regarding the definition of industrial action and I have done this at great length with my advisers and officials....
As I said previously, in a case like that it is a matter between the person and his employer. It is not necessarily the fact that he is breaking the law which has to be taken into account but the vie...
This point was discussed at some length and the widely held view is that, if only one worker is involved, it is a matter for him to discuss the issues with his employer. This does not necessarily mea...
That refers to one driver but if it was the case that Texaco would not supply oil to major industrial plants, the Texaco workers would have to have a ballot because they would be involved in the dispu...
My apologies.
I agree that this is the most important amendment to the Bill and the one on which we spent most time in trying to work out a solution. I want to make two important points in relation to it. How the...
The section was amended on Committee Stage. My amendment is to the section as amended in Committee. I have eliminated that phrase. The section now reads “there are procedures availed of by custom o...
The words “normally availed of” were removed on Committee Stage.
That is correct.
I should like to say we have accepted the amendment put forward by Deputy Quinn. I think that gets over the second part of the collective agreement. I take the point made by Deputy Rabbitte that cus...
I suggest that line 32 would read: “there are agreed procedures...”.Section 9 (2) would then read: Where in relation to the employment or non-employment or the terms or conditions of or affecting the ...
I move amendment No. 5a to alter subsection (2) to read as follows: Where in relation to the employment or non-employment or the terms or conditions of or affecting the employment of one individual wo...
My aim is to keep the courts out of this. Amendment agreed to.
I move amendment No. 6: In page 7, line 41, after “Tribunal”, to insert “but shall not include an appeal to a court”. I am accepting Deputy Mitchell's amendment as much as I am accepting amendment No....
I have obtained legal advice to the effect that it is not necessary to refer specifically to the past tense. It is a matter of looking at a particular situation objectively and asking whether it is re...
Industrial Relations Bill, 1989: Report Stage (Resumed).
There have been a great number of points on this section. I do not want to go back into a Committee Stage debate but, as briefly as possible, I will answer a few points. I assure Deputy Bell this is...
If an employee in dispute with a store reasonably believes that another store is taking up the slack they may picket that store. This does not only happen in cases involving stores. It also happens ...
That is the basis of the Deputy's point.
The amendments the Government are accepting are amendments Nos. 10 and 13. The present test, provided for in subsection (2), is whether it is reasonable for those picketing to believe that the second...
It is not clear at this stage that they have in law that right to which the Deputy referred. That is not a proven fact.
That is the point. I know it is being done.
It is a legal point.
They did in the Irish Press. That proves the point.
It is mischievous to say in the case of the Irish Press dispute that if Mr. O'Reilly started to print they would not be able to prove a fair case. It would take about 30 seconds to prove that that is...
I am glad to see the employers are supporting it.
One can picket one's employer regardless of where he is. I know Deputy Rabbitte understands the provisions of this Bill to the same extent as I do, but clearly he is being mischievous.If one's emplo...
There would be a difficulty there.
I move amendment No. 10: In page 8, lines 18 to 20, to delete all words from and including “has acted” in line 18, down to and including “trade dispute” in line 20 and substitute “has directly assiste...
Section 11(3) was included to make it clear that any action taken by the health services to maintain life-preserving services would not be regarded as action taken to frustrate a strike. It is most u...
I move amendment No. 13:
If they are appointed in accordance with the rules of the union, then that is in order.
It would not be possible to broaden it to that extent but they can broaden their rules to include a strike committee or a group. That would be in conformity. If, however, they tried to include any m...
The principle underlying the picketing arrangements provided for in the Bill is that employees should picket at their own employer's place of business and that a trade union official should be permitt...
We have extended the number of people in the area to try to ensure that they are complied with. Amendment, by leave, withdrawn.
The legal advice which I have received is to the effect that the subsection as framed already covers the point addressed by the Deputy. The phrase “shall not be actionable” means that it shall not be...
I dealt with this issue at very great length on amendment No. 3. Like the Deputies, I will not repeat all the arguments other than to say that the principle which underlies the secret ballot provision...
There is no difficulty whatsoever. There is nothing to prohibit a trade union official making whatever speech he likes in whatever form. If he wants to put forward his views in an electioneering way...
The Deputy asks if I am making insinuations against the trade unions. Is the Deputy insinuating that the members are all squealers?
I would not make that insinuation against honourable trade union members.
I will not do that. If one knocks one side, one must give credit to the other. Every employer would like to take a crack at the unions for not following the rule books. We are saying that only the ...
Since the debate on that series of amendments we have made substantial progress and moved the log jam in the area of conciliation and arbitration and the Rights Commissioner. I believe we will have s...
We have had a fairly lengthy debate on Second, Committee and on Report Stages. I wish to put on record my thanks to Deputies Mitchell, Quinn and Rabbitte for their contributions.We have substantially...
Written Answers. - Redundancy Payments.
Was asked: if, in view of the fact that a company (details supplied) is no longer operating in Ireland and as a result of the Employment Appeals Tribunal decision of 1 June 1990, which granted minimum notice to ...
I understand that the solicitors acting for the company concerned have lodged an appeal to the High Court on a point of law against the Employment Appeals Tribunal decision of 1 June 1990. In the cir...
Written Answers. - FÁS Apprenticeship.
Was asked: if he will initiate a system to allow sponsored apprentices with FÁS, whose sponsors do not continue the sponsorship for the full period, to complete their apprenticeships.
FÁS makes every effort to find a new sponsor for apprentices who have their sponsorship terminated so that they can complete their apprenticeships. The specific arrangements, including difficulties t...
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