Patrick Nulty (Dublin West, Labour) | Oireachtas source

Deputy Shortall and I have been tabling this matter for inclusion in a Topical Issue debate for the past three weeks. With all due respect to the Minister of State, Deputy Cannon, it is unacceptable that the Minister for Social Protection has not seen fit to attend the House to debate this crucial issue. It concerns not only the Waterford Crystal workers but also other workers across the economy. Plenty of notice of this matter was given, but it makes a mockery of Topical Issue Matters if the relevant Minister does not attend the House. I wish to put on record the fact that I consider it to be completely unacceptable.

I wish to explain the context of this judgment by the European Court of Justice. Some 1,700 workers in Waterford Crystal were initially impacted when the pension scheme insolvency issue arose. Ten of those brave workers took a case to the European Court of Justice, supported by their trade union, Unite. They did a great service for workers in this country. The previous Fianna Fáil-led Government and the current Government fought those workers every step of the way to stop them getting their rights under the EU insolvency directive of 2008. The State resisted that directive repeatedly.

The Pensions Ombudsman, Mr. Paul Hogan, has said that this judgment has implications for workers across the economy. The Government has known since the Robins case in 2007 that there was a need to act on this issue, but it has completely failed to legislate. The Government has left the workers in limbo, obliging them to go to Europe to vindicate their rights.

It is now clear that under EU law, the State has an absolute obligation to protect the pension entitlements of workers in the event of insolvency. It is my understanding that even since the judgment, the Government has completely failed to engage with those workers or the Unite union. They will now potentially be dragged through the High Court to vindicate their rights.

Will the Government face reality and engage with those workers to reach a settlement to which they are entitled? On a broader question, what is the Government's strategy to deal with the protection of workers' pension rights and entitlements?

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