O'Rourke, MaryWednesday, 19 May 1993 |
Seanad Éireann Debate
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Unfair Dismissals (Amendment) Bill, 1993: Committee Stage (Resumed).
We are resuming on the amendment proposed by Senator O'Toole and I recollect the background to the case. These amendments to the Unfair Dismissals Bill have come about, as Senator O'Toole and other S...
I understand the points made by Senator O'Toole and Senator Doyle. It is a complex matter and we want to be fair. The best way to be impartial is to allow rights commissioners or the tribunal to dea...
Senator O'Toole is aware of the Protection of Employment Act and there is no need for me to go into detail on it. In the Programme for a Partnership Government a review of that Act is promised and I...
The next legislation I am bringing to this House will provide protection.
Senator Neville seeks to delete lines 41 to 47 which are part of the changes to the existing legislation. This provision of the Bill gives support to the general practice of the tribunal in relation t...
The deletion involved in Senator Neville's amendment would not help the employee with his or her case. We mentioned legalism last week in this House and I said I was prepared to take steps to deal wi...
Section 5 of the Bill provides for a new section 6 (7) of the Principal Act the purpose of which is to strengthen the original Act. I suggest that the points put forward by Senator Neville deal with ...
This was inserted to strengthen the rights of employees. Question put: “That the words proposed to be deleted stand.”
I recognise the intent of this amendment particularly as apprenticeships are being promoted with new schemes. Further designated areas for apprenticeship training will be nominated within the next fe...
I am sure the Senator's hour will come.
Yes, it will be added. Amendment, by leave, withdrawn. Section 5, as amended, agreed to. NEW SECTION.
Let us hope so.
That is correct.
Thank you for a fine discussion. When I was teaching, the students and I often spoke about politics in the context of the modern history course, 1850-1970. We would discuss the political systems in...
We will all be subject to the will and pleasure of the electorate from time to time, whether at a by-election or a general election, it amounts to the same thing. I am suggesting that Senators who fe...
I cannot because it is illegal under this legislation but it would be appropriate under the Electoral Acts, and I think this would be an admirable House in which to move such an amendment.
Absolutely not. On a point of order, I did not say it would be fair, I did not say those words. On a point of order, I must make that correction.
The electorate fell out with the Senator.
Excuse me, a Leas-Chathaoirligh, I must comment on that. I never said “it would be reasonable”.
What I said was that I agree with the principle. It is not, however, applicable under this legislation and I feel the remedy lies in the Senators' hands. Why not draft an amendment to the last Elect...
From whom?
I come to debates as well informed as I can. I think Members will accept that. This advice has been given to me. I do not mind Members disagreeing with it if they accept that I took advice. The ad...
No. The Senator said he discussed it.
The Senator has now agreed with me that no amendment was tabled at that time. In case members seek to say that I am obscuring the matter I am stating quite clearly that the advice given to me is that...
I am very flexible.
For the reason I stated already I accept the very reasoned way in which Senator Sherlock has put forward his case. I respect the continuous fear as to whether one will regain one's seat and whether o...
We will proceed with Committee Stage today and tomorrow. My decision on this is not going to change between today and tomorrow. I do not know how far we will get with Report Stage but we will see. T...
Everything the Senator said with such force is accurate. May I read from the Interpretation Act, 1937, which would make the hair stand on your head? Part III, section 11 (b) of the Interpretation Act...
Touché, as they say. Senator O'Toole should approach the Office of the Attorney General and the Taoiseach himself. We should try to amend the 1937 Act whereby all legislation uses the masculine gende...
“Agus tá Daidí ag glanadh an ghluaisteáin nó ag tiomáint an ghluaistéain.”
What I said to Senator O'Toole was that, in page 7, paragraph (a), line 14, to delete “him” and substitute “the employee”——
That is definitely his affair.
As put down by Senator O'Toole, yes.
The Senator should have been here last week; there were two affirmatives.
I may come back to the Senator on that tomorrow.
There is a specific point put to me——
Sometimes the person does not want to go back to the same place.
If it is warranted.
I agree.
In answer to Senator O'Toole's technical point, I am told that the way to refer to them is as clauses and sub-clauses.
Exactly, one keeps learning. The three methods of redress are reinstatement, re-engagement and compensation. As Senator Neville said the tribunal will first consider reinstatement. Our culture and t...
Yes, indeed. I thought of that with regard to myself when the Senator spoke about unfair dismissals, but we will say no more about that.
Unfair, I said. Our culture and the fact that we know one another's business so well militates against reinstatement in many cases even though, as Senator Neville said, it would be the tribunal's fir...
I thank both Senators for their acclaim of that section of the Bill. Senator Quinn said in his view it gives rise to another anomaly. The purpose of this section is to give legislative effect to an...
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