Oireachtas Joint and Select Committees

Wednesday, 23 February 2022

Select Committee on Jobs, Enterprise and Innovation

Redundancy Payments (Amendment) Bill 2022: Committee Stage

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Deputy will appreciate I am not going to go through every amendment that was disallowed. They are not related to this Bill but I appreciate why she wants to bring them up and have them discussed. I would be happy to return at a later stage to do that.

When I was at the committee discussing the Duffy Cahill report, I outlined our issues with that report and also outlined the changes we were bringing into place on that. I committed I would return to the committee at a time that suited members. When the committee has completed its own report on that I will be happy to look at that too and go through it with members. I have not yet got it on my desk - maybe I have missed it or something like that - but I am happy to discuss it with the committee whenever that arises. I will given an update on the plan of action following our report on that. To be very clear, while there are many differences of opinion around the Debenhams situation in here, I repeat that if anybody has any evidence that is different from what I have I would like to have it. I have asked for that on a number of occasions at committee, in the Dáil and so on. I would be glad to get it at any stage in order to be able to review it. It has not been so today but often with this discussion, what is said does not match up with the evidence. We will of course take any new evidence and review that.

The Tánaiste and I committed, when we met the Debenhams workers, to review the legislation in this area and, if we could at all, to strengthen the protections for anybody in that situation. Nobody could have anything less than sympathy for anybody in that situation of redundancy. We committed to doing that and as a result of that work there was a plan of action. I do not have it with me but from memory I will give the committee the low-down on where it is at. The employment law review group we have set up is being scoped at the moment. It should be in a position to be able to discuss that with the committee here and bring it forward before the end of quarter 1 but certainly within quarter 2. Quarter 1 was our aim and that work is ongoing with the membership and to have that set up and on a statutory basis. We are pretty much on track to do that, be it at the end of quarter 1 or early quarter 2. That will happen; it is a commitment that is there. There have already been changes in the small company administrative rescue process, SCARP, legislation that was brought forward. That effected some of the changes that were recommended as well. The Company Law Review Group, CLRG, has also completed its report into this very complex area. That report was with the Tánaiste and the Minister of State, Deputy Troy, as of the end of 2021. We will bring forward recommendations and changes out of that as well. It will be published when it is appropriate.

Like the Deputy, the Office of the Director of Corporate Enforcement, ODCE, notes the number of cases in this situation is limited. There are some and there is no point in denying that but it is not the norm. If we can strengthen that then of course we will but the ODCE points out again that there is already legislation in this situation already. That confirms what we have said on numerous occasions. It is there but is not always used and that is what we have had to discuss with the unions quite a lot, in order to see whether we can we make that more user-friendly and more available. I am happy to debate that with members, and so will the Minister of State, Deputy Troy, when it is appropriate. The handbook was published, I think, in December as well. It is a very useful guide for employees, who might not always be aware of the situation or the laws. It will help them with their work, with their representatives and with their unions as well. That is a quick summary of that. Again, it is an area we are very much committed to so I am happy, at a later stage, to discuss it again with the committee when it is appropriate to do so.