Oireachtas Joint and Select Committees

Wednesday, 1 February 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Companies (Protection of Employees’ Rights in Liquidations) Bill 2021: Discussion

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I remind all those present in the committee room that they are asked to exercise personal responsibility to protect themselves and others from the risk of contracting Covid-19.

Members who are participating in the meeting remotely are required, as they are well aware, to participate from within the Leinster House complex only. Apologies have been received from Deputies Bruton and O'Reilly.

Today, we will consider the Companies (Protection of Employees’ Rights in Liquidations) Bill 2021. It is a Private Member's Bill that provides for the inclusion of redundancy payments among the list of preferential debts provided for by section 621 of the Companies Act 2014. The Bill also proposes to provide for preferential creditor status to apply in respect of employees in collective redundancy situations.

I am pleased to have the opportunity to consider these matters further with the witnesses. I welcome from the Company Law Review Group Mr. Paul Egan, senior counsel and chair; Ms Deirdre Morgan of its secretariat; and Professor Irene Lynch Fannon of Matheson, who is joining us online. From Eurofound we are joined by Mr. John Hurley, senior research manager. From SOLAS we have Mr. Alan McGrath, executive director, and Mr. David Smith, director of construction, quality and green skills.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses as regards references witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected, pursuant to both the Constitution and statute, by absolute privilege. Witnesses are again reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that may be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such directions I may give.

The opening statements have been circulated to all the members. To commence our consideration of this matter, I invite Mr. Egan to make opening remarks on behalf of the Company Law Review Group.