Oireachtas Joint and Select Committees

Wednesday, 23 October 2024

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2024

9:30 am

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I remind members participating remotely that they must do so from within the Leinster House complex. Apologies have been received from Deputy Shanahan. Today we will look at pre-legislative scrutiny of the general scheme of the protection of employees (employers’ insolvency) (amendment) Bill 2024. The Bill provides for a number of important amendments to the protection of employees (employers’ insolvency) Act 1984. This Act covers employees' pay-related entitlements in the event of their employer's insolvency by way of the insolvency payment scheme. The Bill addresses a 2018 Supreme Court judgment which found that Ireland had not fully transposed directive 2008/94/EC on the protection of employees in the event of insolvency of their employer.

The committee is pleased we have the opportunity to consider these matters further with representatives from the Department of Enterprise, Trade and Employment: Ms Dara Breathnach, principal officer, redundancy and insolvency policy unit, Mr. Peter O’Brien Hogan, assistant principal officer, redundancy and insolvency policy unit, and Mr. Josh Byrne, administrative office, redundancy and insolvency policy unit.

Before we start, I wish to explain some limitations to parliamentary privilege and the practices of the Houses as regards references witnesses may make to persons in their evidence. The evidence of witnesses who are 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 reminded of the long-standing parliamentary practice to the effect 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 might be regarded as damaging to the good name of that person or entity. Therefore, if their statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks and it is important that they comply with any such direction. The opening statement has been circulated to members. To commence consideration of this matter, I invite Ms Breathnach to make the opening statement on behalf of the Department.