Amendments Nos. 11 and 12 are related and may be discussed together by agreement.
SECTION 30.
I move amendment No. 11:
In page 18, subsection (1) (a), lines 29 and 30, to delete "(within the meaning of the 1977 Act),".
The reason for these amendments is differences in definitions under this Bill and the Unfair Dismissals Act, 1977. The original text was intended to exclude from redress under the Bill any dispute on a dismissal from employment. It was intended that the provisions of the Unfair Dismissals Act, as suitably amended by section 38 of this Bill, should cover dismissals disputes. In order to do so it was decided to adopt the definition of dismissal contained in section 1 of the 1977 Act. On further consideration it was considered desirable to avoid the possibility that the definition of dismissal used in this Bill would overlook the Bill's definitions for "employer" and "contract of employment". Otherwise definitions of these terms in the 1977 Act would be applied. The proposed amendments provide for continuity in this respect and remove possible confusion arising from terms other than "dismissal" which have different meaning under the 1977 Act to that provided in this Bill.
Amendment agreed to.
I move amendment No. 12:
In page 19, between lines 3 and 4, to insert the following subsection:
"(6) In subsection (1) (a) "dismissal" has the same meaning as in the 1977 Act except that, in applying that definition for the purposes of subsection (1) (a), the expressions "employer" and "contract of employment", where used in that definition, shall be given the same meanings as in this Act.".
Amendment agreed to.
Question proposed: "That section 30, as amended, stand part of the Bill".
Although I was not in the Chamber at the time, I did listen to the Minister's concluding speech on Second Stage. However, I might have missed his remarks regarding employees in the Defence Forces. They are excluded under subsection (2). What will happen to individuals employed in that sector?
The Defence Forces are excluded from the redress and remedy provisions of the Bill because they have their own statutory redress system. Section 114 of the Defence Act, 1954, provides that any member of the Defence Forces who thinks they have been wronged in any way whatsoever may submit an application for redress of wrongs. This section of the Defence Act provides that such an application for redress can ultimately be submitted to the Minister for Defence for final decision. I am confident that this statutory provision, which has worked well since 1954 and which is compatible with the military system, provides a more than satisfactory system of redress for members of the Defence Forces in the highly unlikely situation that they should require it in connection with the provisions of this Bill.
Question put and agreed to.
Sections 31 and 32 agreed to.