Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I am on the side of every worker in this country. Our partnership process, our model of working with unions, employers and the various interests, is critical. The social democratic partnership model is the strength of our country and vital for our country. If there is one first priority it is social justice and rights. Those rights are preserved when we have law. The rights of the workers are protected in law so that employers are not able to exploit them, which would happen in the absence of that legal system and outlook in a country. We do have to abide by the law.

The role of this House is such that if there are deficiencies in the law in protecting workers, then of course we would look to see if we needed to amend legislation, strengthen law or provide further funds. On us going another way and ignoring the law, even as hard, cruel and significant as the circumstances of workers in any one situation are, including in this case of the Debenhams workers, although one wants to do everything one can, what one cannot do is start going outside the law. Once one does that, some of the protections that exist in the law are lost and it actually undermines and weakens workers' rights. This Government is committed to doing whatever it can within the law. The liquidation is proceeding under the supervision of the High Court. Once it is in that High Court process, we cannot directly interfere. Under the Companies Act, a liquidator is under statutory duty to realise and distribute the assets from an insolvent company as prescribed by law. For State creditors including Revenue, the Department of Employment Affairs and Social Protection and local authorities in respect of rates, their legal frameworks have to be respected. We do not have the discretion to forego debts owed to the State by a particular company. At the same time, we do guarantee statutory employment rights to the workers of Debenhams and if a company is unable to pay statutory redundancy then the State will step in. The first case is that the company has to pursue all possible avenues to provide that its statutory obligations are honoured and met.

The Department of Employment Affairs and Social Protection expects to receive claims on behalf of the former employees of Debenhams under two separate schemes, namely, the redundancy payment scheme and insolvency payment scheme. The Department estimates there will be approximately 1,750 claims between the two schemes with some 300 claims arriving per week and that it might take three or four weeks for all the claims to be submitted. As of 18 September, the Department received 600 claims under the redundancy payment scheme and 646 under the insolvency payment scheme.

Members on every side of this House believe it is important to protect and meet workers' rights. We cannot, however, do that outside the law. Where we need to change the law, we have committed to review the various pieces of legislation in this area in the programme for Government. We will certainly commit to do that.

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