Marie Sherlock (Labour) | Oireachtas source

I thank Mr. Duffy and Ms Cahill for appearing before this committee today. Many of us believe that the recommendations in the report should have been implemented a long time ago or since the report was published. The report is all the more timely now given that we are, in most likelihood, facing an avalanche of redundancies over the coming months. Never has it been more important to ensure that we have proper legislative infrastructure in place that ensures workers can get the best deal possible from the redundancy process.

If it is okay with the witnesses, I will ask all three of my questions together and then they can answer. First, I appreciate they have stated they do not recommend specific amendments of the Companies Acts. Are they satisfied that the recommendations of the report could be fully implemented within the sphere of employment law changes? I am thinking in particular of proposal No. 4 on the recovery of assets.

Second, recommendation No. 2 is on the operation of proposal No. 6 on enhanced redundancy payments and how that relates to proposal No. 4. Earlier it was very helpful of Mr. Duffy to set out the implied and explicit terms of a contract and how that might be vindicated. I want to understand the operation of ministerial power to delegate power to the liquidator to recover assets. How does that relate to proposal No. 6? Section 49 of the Workplace Relations Act was mentioned. I would like to hear how the two proposals can be implemented.

My final question is for Ms Cahill. I appreciate that the witnesses have stated in the report that they do not have a view on the re-ordering of ranking in a liquidation situation. It would be helpful for this committee to understand the challenges associated with the re-ordering of preferential status for any one creditor because there has been a lot of commentary and proposals to re-order the preferential status of workers. Particularly in terms of the enhanced redundancy payment, understanding the challenges in trying to re-order is an important first step.