Oireachtas Joint and Select Committees

Wednesday, 25 November 2020

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Implementation of Duffy Cahill Report: Minister of State at the Department of Enterprise, Trade and Employment

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

The matter may be teased out in the courts in that case.

The Minister of State indicated he would examine the reason existing statutory provisions, including sanctions, are not used more often. He might give us an idea of what those provisions are and if they have been used previously.

The Minister of State described setting up a fund, which would only be used as a last resort. If it could be proved in law, for instance, that a company had hidden assets, those would be the first port of call rather than using this fund. It would almost be an invitation to hide assets if there was an easier path, that of using this fund, than going to court and using the law.

Has the Department considered making use of the existing provisions, in other words, the State becoming the actor here? I am not aware if the trade unions have decided to test these cases in court. That might be a question that should be asked of the trade unions. If they are clear that there may be assets hidden away, could the trade unions not take an action to test that?

The issue of defrauding employees is very serious. I thank the Minister of State for the work he is doing. I get the impression that he is taking it seriously. As was said earlier, I feel this needs a certain amount of attention and urgency.

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