Dáil debates

Wednesday, 10 November 2021

Companies (Corporate Enforcement Authority) Bill 2021: Report and Final Stages

 

7:32 pm

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

It is not lost on me, and will not be lost on others that, following the Zalewski judgment, people who take cases that often involve small amounts of money to the Workplace Relations Commission, WRC, will now have the whole proceedings published. At the time, I expressed concerns about that judgment. I am aware of the root of that and that it comes from a decision by the Supreme Court. However, I expressed a reservation at the time that it might potentially have a chilling effect on workers taking cases to the Workplace Relations Commission. All of workers’ business with the WRC has to be done in the public domain. Yet, there is a facility for anonymity in this section of this Bill.

I appreciate what the Minister of State says about the EU element. Yet, for instance, if I went into Dunnes Stores and stole a packet of biscuits, I would not be able to say to the to the judge that there might be a detrimental impact on my own financial markets if my name were published. That anonymity is not afforded to other people. I accept what the Minister of State is saying about where this has come from. I also hope that it is not lost on the Minister of State that somebody who might be in a small amount of trouble in work will go to the WRC and they will not have the choice of anonymity. They will in all likelihood have their name and all their personal business out in the public domain. I hear what the Minister of State is saying, but I do still have a concern. There is a perception that a certain group of people might be able to use their position to keep their names out of the public domain. I do not think that that a good place for this Bill to start from.

As the Minister of State knows, Sinn Féin has welcomed this legislation. We have tried to work with him constructively to get it through the Houses as quickly as possible. However, I think that this section sets us off on maybe the wrong note.

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