Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

The need for collective bargaining has never been greater given the various factors that are contributing to the rise of insolvencies. We have seen the challenges that have been posed by Brexit and the pandemic. The hike in energy costs as part of overall inflation, due in part to the war in Ukraine, has brought pressure to bear on companies across the country and, by extension, workers.

Earlier this year, the European Central Bank, ECB, outlined how corporate profiteering had contributed more to inflation than wages, a trend that the Central Bank of Ireland also said was mirrored here in Ireland. There are cases where legislation for collective bargaining to strengthen the hand of workers to retain corporate profiteering is only reinforced, but it is in this area that this Bill is found to be wanting as creditor workers' wages and statutory redundancy are secured. This Bill fails to address the situation that continues to exist whereby collective redundancy agreements are not honoured on the winding up of a company. To give the impression that the measures taken in this Bill in any way address the need to change the principle of equality of creditors of equal standing would be insincere. This needs addressing. While efforts to do just that have been made in the Oireachtas, such efforts have been delayed by the Government, which needs to clearly outline the reasons for the continued delay. Although I appreciate the removal of the exemption whereby collective redundancies arising from the winding up of a company or bankruptcy are exempt from this criminal liability, it falls short of including a provision that would see directors or other persons in control of a company being held responsible for any possible contravention.

During pre-legislative scrutiny, the Joint Committee on Enterprise, Trade and Employment noted that while the Bill provides for the notification of employees when a petition for the winding up of a company is being made to the High Court, it does not include an obligation to inform the trade union of which the employees are members. The Irish Congress of Trade Unions has recommended that this be addressed and I echo that call. Again, the Minister's response to this point would be appreciated. If our ambition is to create an environment in which corporate profiteering or poor practice is to be dealt with fully in the interests of the worker, the business environment and the cost of living are factors that need addressing. Against this background, Sinn Féin will be bringing forward amendments to address these shortcomings.

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