Oireachtas Joint and Select Committees
Wednesday, 6 July 2022
Joint Oireachtas Committee on Jobs, Enterprise and Innovation
Pre-legislative Scrutiny of the Companies (Protection of Employees' Rights in Liquidations) Bill 2021: Discussion
Ms Maeve McElwee:
I recognise absolutely that where there are challenges to how a piece of legislation is working, there is, of course, a question to be addressed. To be fair, the Minister has taken a great amount of time to look at all of the different issues that are arising and we, along with the ICTU and the trade unions, have engaged fully and comprehensively in addressing all the concerns in trying to look at all the challenges and ways in which this could be addressed. Every time there is an issue that people raise, of course, it is a matter for concern and a matter for conversation.
The challenge that has been put to me this morning as a representative is to look at these two particular provisions in this Bill. What I am trying to address this morning are the issues for the State, the taxpayer and for employees arising from the two specific provisions that are set out in this Bill. I am trying as best I can to articulate the challenges and constitutional issues that arise with the way this has been framed and the fact that the State would ultimately end up underwriting payments and agreements to which it has it has not been party and how, in a liquidation situation, that could actually put a very significant strain on the insolvency fund.