Ms Dara Breathnach:

Yes, we are absolutely satisfied that the gaps will now be filled. In fact, we believe our proposals slightly exceed the minimum terms of the directive because the directive would have required a finding that an employer has definitively closed down. As the committee knows, that is quite difficult to do. We felt we would not be able to do that at any jurisdiction below the High Court, which is where company law is generally dealt with. We believed if we did something slightly different and allowed for this, deemed for a highly specific purpose, it would exceed the requirements of the directive.

It is better for access for justice for the employees because they are not put through the significant expense that would be involved in undertaking a High Court action.