Dáil debates

Wednesday, 3 February 2021

Ceisteanna ó Cheannairí - Leaders' Questions

 

12:45 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I dispute the Deputy's assertion that the Government has not engaged on this issue. It has. I was very clear and honest in our presentation to the workers from the get go. Politically, others created expectations that were never going to be realised within the legal framework available to the Government. The Government is not responsible for the actions of the company. The company has treated the workers very badly. Government is the only party to this entire dispute that has actually fulfilled its obligations, and €13 million has been provided in direct Exchequer support to guarantee the employment rights for statutory redundancy. This gets dismissed by the Deputy and does not even get mentioned.

The State is the only player here that has stood up to its responsibilities. It then tried to see if it could do more within the legal framework available to it. We initiated and facilitated talks which were chaired by the chairman of the Labour Court, Mr. Kevin Foley. They concluded in December and he issued a report reflecting the outcome of that process. As a result of that process the Government said it would accept the recommendation to provide €3 million to support career guidance, training, education and business start-ups for former Debenhams workers.

Essentially, what the Deputy is saying is that we should just increase the statutory redundancy for every other liquidation that happens as the way out of this. That would facilitate rogue employers left, right and centre throughout the country to exploit the taxpayer forever in terms of liquidation processes and the employers not fulfilling their legal obligations to workers. Mr. Foley refers to the 2016 collective agreement in his report and states that "it is clear that the agreement has no legal application in 2020". Legally, the Government cannot just top-up redundancy payments from the Social Insurance Fund and the Deputy knows that. He knows the very real legal constraints on the Government, but he has chosen to ignore them and just label the Government as not caring and having no interest. These are false assertions. They are designed and articulated by the Deputy for political ends. That is how he engages in this situation.

In terms of other enterprises, we believe companies have obligations. They should fulfil their collective agreements with their employees - absolutely. From our perspective, the State is open to reviewing legislation with regard to giving further protections to workers and also to strengthen the situation for workers in the general workforce in any way we can.

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