Oireachtas Joint and Select Committees

Wednesday, 31 May 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Plan of Action on Collective Redundancies following Insolvency Bill 2023: Discussion

Ms Fiona O'Dea:

I understand where the Deputy is coming from. We fully acknowledge the impact on the workers who were made redundant. As the Deputy mentioned, the general scheme addresses the generality of insolvencies. It is an important step in implementing the outstanding legislative commitments in the plan of action, which is the Government's considered policy in this area. It followed extensive and intensive consultation, supported by ICTU, and also took on board the Cahill-Duffy and CLRG reports in this space.

The proposed Bill will benefit the workers of insolvent employers in two ways. It will improve awareness and increase transparency and will improve access to the mechanisms which increase the assets available to the creditors. It will also provide for the statutory establishment of the employment law review group, which will ensure that employment and redundancy law is fit for purpose.

As regards the time machine the Deputy mentioned, for workers, in theory, it would have provided that all collective redundancies would be subject to a 30-day notification period before the redundancies could take effect, including in an insolvency situation and where a liquidator is appointed and that the employees could also seek redress from the Workplace Relations Commission, WRC, when they were made redundant ahead of that 30-day notification period. Under company law, it would have further enhanced the circulation of information to workers, as creditors by, for example, giving them free access to the statement of affairs lodged with the court. It would also ensure that the provisional liquidator appointed in an emergency situation to secure the assets would meet the workers as creditors at the earliest opportunity, because there is a recognition that this is a difficult situation and the workers as creditors should be engaged in the process as quickly as possible, allowing that the provisional liquidator is appointed to deal with an emergency situation. Also under company law, it would enhance access to asset-swelling provisions, as we call them, which would have the potential to increase the pot available to creditors. This proposed Bill is not a stand-alone measure; it builds on work already done since the plan of action was published in June 2021.