Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 16:

In page 110, after line 29, to insert the following:

5. Section 6 of the Protection of Employees (Employers' Insolvency) Act 1984 (as amended by Schedule 2 to the Criminal Justice Act 2011) is amended—

(a) in subsection (2)(a)—

(i) in subparagraph (xxvi), by deleting "and" after "that Schedule,",

(ii) in subparagraph (xxvii), by substituting "that Schedule, and" for "that Schedule.", and

(iii) by inserting the following subparagraph after subparagraph (xxvii):"(xxviii) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 4 to the Property Services (Regulation) Act 2011 or a determination by the Labour Court under paragraph 2(1) of that Schedule.",

(b) in subsection (2)(b), by substituting ", (xxvii) or (xxviii)" for "or (xxvii)",

(c) in subsection (2)(c), by substituting ", (xxvii) or (xxviii)" for "or (xxvii)", and

(d) in subsection (9), in the definition of "relevant date", by substituting ", (xxvii) or (xxviii)" for "or (xxvii)".".

This amendment makes a number of changes to the Protection of Employees (Employers' Insolvency) Act 1984 in order to include in the insolvency payments scheme under that Act any compensation payable in accordance with a decision of a rights commissioner or the Labour Court under Schedule 4. Under the scheme, employees may claim for entitlements such as pay arrears, holiday pay, pay in lieu of statutory notice and awards due under employment legislation. Claims are generally made through the receiver or liquidator, as the case may be. Payments are made from the social insurance fund to which employers generally contribute.

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