Gerald Nash (Louth, Labour) | Oireachtas source

We all agree that what has happened in Clerys is very shocking and quite appalling. Those who were directly employed by Clerys and the concession holders and their staff have been treated appallingly.

The House will be aware that last week I submitted a report to the Taoiseach and the Tánaiste to further inform the Government on the issues surrounding the sale and liquidation of Clerys. I also briefed my Cabinet colleagues on the report. A copy of the report, together with appendices, including documents submitted for the High Court hearing on 12 June and correspondence I have had with Natrium Limited, the new owners of the site, are available on my Department’s website. The report sets out the sequence of events leading up to the closure on 12 June, based on the information available; events since 12 June, including the engagement I have had with Clerys' workers and their trade unions, the provisional Liquidator and representatives of the 50 concession holders; and the efforts being made by the Department of Social Protection, the NERA and the liquidators’ staff to assist the workers in accessing their statutory entitlements.

The report also sets out the relevant employment and company law framework and identifies a number of issues for the Government to consider in what is an evolving situation, key aspects of which are under the jurisdiction of the High Court. The report indicates the areas of employment law that will be further considered. It also identifies the company law provisions that were designed to ensure just and equitable treatment for creditors in a liquidation, including provisions to ensure all assets that should be available to the liquidator can be accessed for the purpose of discharging a company’s debts. The liquidators have their job to do. In this respect, I understand that, at the hearing on 6 July, the High Court was informed that the liquidators had identified a number of matters which they intended to investigate as part of the liquidation process.

Separately, the Tánaiste has indicated that, given that workers’ claims for statutory redundancy and other statutory entitlements are falling to be met by the State from the social insurance fund, she intends to use every legal avenue available to her to vindicate the State's and taxpayers’ rights in this regard.

See this speech in context