Special Committee on the Roads Bill, 1991 debate -
Wednesday, 29 Jul 1992

SECTION 31.

Amendment No. 115 not moved.

Mr. Smith

I move amendment No. 116:

In page 27, subsection (1), lines 13 to 17, to delete paragraph (b) and substitute the following:

"(b) A designation under this subsection by a public authority other than the Minister shall be made only with the consent of the Minister and the Authority.

(c) A public authority shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.".

Amendment agreed to.

Mr. Smith

I move amendment No. 117:

In page 27, subsection (4), line 29, after "concerned." to insert the following:

"If a dispute arises between the Authority and any such person as to the terms and conditions prevailing immediately before his acceptance into the employment of the Authority, the matter shall be determined by the Minister for Finance, after consultation with the Minister.".

This is a standard provision used in other legislation, such as the Postal and Telecommunications Services Act, 1983 and the Safety, Health and Welfare Act, 1989. This provides a mechanism for the resolution of disputes relating to the terms and conditions of the tenure of any person being transferred into the employment of the National Roads Authority under this section. Any dispute will be determined by the Minister for Finance after consulting with the Minister for the Environment.

Mr. Gilmore

Does that mean that the dispute will be processed through the conciliation and arbitration machinery?

Mr. Smith

It will take its normal course first.

Mr. Gilmore

That is right.

Mr. Smith

When it comes to the final analysis somebody has to justify it.

Amendment agreed to.

Mr. Smith

I move amendment No. 118:

In page 28, subsection (7), to delete lines 5 to 7 and substitute the following:

"1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 and 1991.".

Amendment agreed to.

Question: "That section 31, as amended, stand part of the Bill." put and declared carried.

(Deputies Gilmore and Yates dissenting.)

Section 32 agreed to.

NEW SECTION.

Mr. Smith

I move amendment No. 119:

In page 28, before section 33, to insert the following new section:

33.—Where the Authority is satisfied that a member of the Authority, an employee of the Authority, a person whose services are provided to the Authority under section 32 or a member of a committee or consultative group established by the Authority has discharged his duties in relation to the functions of the Authority in a bona fide manner, it shall indemnify such member, employee or person against all actions or claims however so arising in respect of the discharge by him of his duties.

Under this new section the Authority are required to indemnify members of the board, their employees, persons serving on committees or consultative groups and persons providing services to the Authority under section 32 against any claims arising from the carrying out of their duties provided they have acted in a bona fide manner.

Amendment agreed to.