Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

I move amendment No. 51:

In page 62, between lines 25 and 26, to insert the following:"(2) Section 1(3) of the Act of 1984 is amended by the insertion of the following paragraph:

"(e) the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of six weeks or more.".".

The Paris Bakery, Vita Cortex, La Senza, HMV, Game, Thomas Cook, Connolly Shoes and the old Darnely Lodge in Meath were all shocking situations where workers who had lost their jobs were made to wait extended periods before their legal entitlements were awarded. There is a gap in the legislation which allows unscrupulous employers simply to walk away from their obligations and leave hundreds of workers in the wind. Families were left trying to pay mortgages and rent, to feed and clothe themselves and ensure children got to school. It is a significant issue. It was only in June 2014 that the Paris Bakery issue was resolved. These issues are being resolved not because of the actions of Government but for other reasons. It is a very serious issue that while the Government offers tea and sympathy, it will not necessarily do anything about these matters.

I have put legislation before the Oireachtas previously and here I suggest a mechanism by which we can try to seek resolution of this issue. Amendment No. 51 seeks to amend the interpretation section of the Protection of Employees (Employers' Insolvency) Act 1984 to enable workers to access the insolvency fund where their former employee has ceased to trade and is, in effect, insolvent but has not been formally placed in liquidation, receivership, declared legally bankrupt, died or been deemed insolvent under legislation in another EU member state.

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