Seán Sherlock (Cork East, Labour)

I thank the Deputy for raising this matter. I understand the issues involved concern the outcome of a tendering process for the running of a bar in Terminal 1 of Dublin Airport. The Dublin Airport Authority has confirmed that the tender process for the outlets in question was conducted through the Official Journal of the European Union's system for public procurement and was fully compliant with all guidelines. The tender documentation for the outlets in question stated that transfer of undertakings legislation may apply and advised potential tenderers to seek advice on such legislation.

The restructuring currently under way at a number of outlets is a matter for the operators in question. I am not privy to the details of transfer or the parties involved. One cannot but have sympathy for those involved in this dispute. Without fudging the issue and in seeking to give an honest answer to the Deputy, I must suggest firmly that industrial relations machinery needs to come into play on this issue. I hope both sides will agree to a process in which such machinery can be utilised to come to a resolution that is satisfactory to both.

I have to hand a very detailed response on the rights of employees in regard to transfers of undertakings but I do not believe it is necessary to read it out. However, I strongly support the idea that labour relations machinery should be utilised in this instance. I would be very surprised if there has not already been a move in that regard.

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