I move amendment No. 2:
In page 5, before section 6, to insert the following new section:
6. —(1) All employees of Siúicre Éireann c.p.t. and its subsidiaries shall become members of the staff of the Holding Company upon the transfer of undertaking from Siúicre Éireann c.p.t. to the Holding Company.
(2) The Holding Company shall ensure that all employees are covered by the superannuation scheme or schemes that applied to their position prior to the transfer of undertakings.
(3) Each employee on being transferred to the Holding Company shall hold his/her office or employment on the same terms and under the same conditions as applied to his/her contract of employment immediately prior to the transfer and while in the service of the Holding Company the said terms and conditions shall not be less favourable to him/her than those prevailing immediately prior to the transfer save in accordance with a collective agreement negotiated with the trade unions or staff associations representing such employees.
(4) The trade unions and staff associations recognised as representing the employees by Siúicre Éireann c.p.t. and its subsidiaries shall be likewise recognised by the Holding Company and its subsidiaries.
(5) Until such time as the scales of pay and the terms and conditions of employment and any other benefits, including rights and privileges, obligations and any other arrangements applying to employees so transferred are varied resultant from negotiations with the trade unions or staff associations concerned, the conditions which prior to the transfer had been negotiated on their behalf and applying at the time of the transfer, shall continue to apply to them save in accordance with subsection (3).
(6) Any authority exercised by a member of the staff of Siúicre Éireann c.p.t. shall continue to be exercised by him within the Holding Company until the same is varied by the management of the said Holding Company. If such variation works to the detriment of the status or pay and conditions of the said staff member within the Holding Company it shall be null and void unless the said variation shall have been negotiated with the trade union or staff association representing the said staff member.
The basic reason for the proposal that this new section be included is to comprehensively protect the rights of the employees in the company. The transfers and changes which are taking place are, to some extent, similar to what took place in relation to Telecom Éireann and An Post in 1983. In sections 45, 46 and 47 of the Telecommunications Act, 1983 there are provisions which are pretty similar, but not entirely identical, to the provisions which are contained in our proposed new section. We are very concerned that the rights of the workforce in the company would be adequately and fully protected. It is for that reason that we want this section to be written into the Act.
We are concerned also because of some of the items which have come to our attention. I understand that the pension scheme in the Sugar Company is in considerable difficulty. A figure of something like £12 million in deficit has been suggested. I would be interested in hearing the Minister's response to that. If it is true, what plans has he for dealing with it? We are also concerned that the rights of unions, and so on, should be written into this Bill in terms of their capacity to negotiate. It seems that there is an anxiety to keep all mention of unions out of the Bill. That, of course, is a relatively recent development. During the tenure of the 1987-89 Government, it was possible to mention unions in legislation. It was possible to do so before then but it does not seem possible now. Our worst fears are that this is being done so that the people who will ultimately buy the company will have the capacity to do their thing, so that they can maximise their investment without due consideration for the obligations they have to the workforce.
We are also concerned that this new section be included in the Bill so as to allay the fears we are being acquainted with of the workforce. My understanding is that quite a number of workers in the Sugar Company are very concerned at what the impact of the legislation will be on their rights as employees and on their job prospects. Certainly, we would be concerned that those fears would be allayed. Indeed, it is only proper to say that there has been talk of strikes and disruptions after this Bill becomes enacted, if it does become an Act. That, of course, would be a matter of great concern. It is for these reasons that we are very concerned that the Minister agree to this new section we are proposing. It is not at all unprecedented. Previous Governments have been quite happy to go along with such provisions. It seems as if there is a great anxiety to obscure or to remove from this legislation any references to unions. It would be a matter of great concern to us as to what the implications of that would be three or four moves down the road.