Oireachtas Joint and Select Committees

Wednesday, 10 May 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Engagement with the Department of Enterprise, Trade and Employment

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

There are a lot of questions and I thank the Deputy. I will answer in reverse. First, on the general scheme of the plan of action on collective redundancies following insolvency Bill, I brought that to Government in the last couple of weeks. We will bring it to committee for prelegislative scrutiny so Deputy Barry can go through it in some detail at that stage. It is important not to sell this legislation as being something it is not. This legislation removes the exemption from notification requirements in respect of collective redundancies caused by an employer's insolvency. This means all collective redundancies will be subject to a 30-day notification period before they take effect, including when the employer is insolvent. It provides for employees to seek redress from the Workplace Relations Commission if their employer makes them redundant before their 30-day notification period finishes. It aligns the 1997 Act with case law from the European Court of Justice by explicitly providing that the employer's obligations must be complied with by a liquidator or similar appointee. If that does not happen, the liquidator or similar appointee could be prosecuted and convicted by a fine. This is really about notification, communication and obligations on liquidators operating on behalf of the company. Of course, the Debenhams and Clery's cases will be raised in the context of this legislation and we can tease through it in that regard. I think this is a significant improvement in terms of collective redundancy law, the obligation on the employer and in terms of the notification periods required by law and so on. However, it will not solve all of the issues and many of the issues raised by Deputy Barry relating to those individual cases. It is important to outline that but we will go through it in a lot more detail in the context of this committee's work at a prelegislative scrutiny stage and when we go through the legislative process that follows.

On the Indian workers, first I will say that non-Irish workers generally make an extraordinary contribution to Irish healthcare and Irish care facilities. We are looking at spouses' permits at the moment so we can take measures to improve the position of spouses and family members in the context of work-permit holders. It would make coming to Ireland much more attractive if people could bring a partner or spouse with them. We are teasing through the issues on that at the moment and will hopefully come back with some new thinking on it.

In terms of fishers, this is something I have some knowledge about having previously been a Minister with responsibility for the marine. In looking at this issue, I met the International Transport Workers' Federation to discuss this issue in some detail. I have obviously been in different Departments since then but I think there is an issue in the fishing sector in terms of guaranteeing protections in the workplace. I have received a note to say the Department is currently looking at the issue and considering the legislative amendment required. I hope to come back and update the committee when that work is done.

Regarding European works councils, I know the WRC may be asked to look at a code of practice in this area. Obviously we have to be consistent with European Commission regulations and requirements.

Comments

No comments

Log in or join to post a public comment.