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Seanad: Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (13 Jul 2021)

Robert Troy: I thank sincerely all Members of the Seanad and the Dáil who have helped to progress this legislation and bring it to a conclusion today. I thank the Company Law Review Group, which did the initial preparatory work, the officials in my Department and the officials in the Office of the Attorney General. They have worked really hard to ensure we could get this legislation passed before...

Written Answers — Department of Enterprise, Trade and Employment: Export Controls (13 Jul 2021)

Robert Troy: The EU operates a system of Export Controls for “Dual-use” goods that form part of a multilateral framework designed to support global security and to protect human rights. In particular, the framework aims to prevent the proliferation of weapons of mass destruction and to support regional stability. The Programme for Government contains a clear commitment to the promotion of...

Written Answers — Department of Communications, Climate Action and Environment: Energy Policy (13 Jul 2021)

Robert Troy: 195. To ask the Minister for Communications, Climate Action and Environment when the burning of peat briquettes will cease. [37173/21]

Written Answers — Department of Communications, Climate Action and Environment: National Broadband Plan (13 Jul 2021)

Robert Troy: 196. To ask the Minister for Communications, Climate Action and Environment when a location (details supplied) will avail of high-speed broadband. [37194/21]

Written Answers — Department of Transport, Tourism and Sport: Driver Licences (13 Jul 2021)

Robert Troy: 226. To ask the Minister for Transport, Tourism and Sport his views on the way in which articulated lorry drivers with sight in only one eye are only learning that their licence can no longer be renewed given the passing of legislation in recent years (details supplied). [37285/21]

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Benefits (13 Jul 2021)

Robert Troy: 447. To ask the Minister for Employment Affairs and Social Protection if a carer’s allowance will be granted to a person (details supplied) following appeal. [37401/21]

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Appeals (13 Jul 2021)

Robert Troy: 466. To ask the Minister for Employment Affairs and Social Protection if an appeal will be expedited for a person (details supplied). [37843/21]

Seanad: Companies (Rescue Process for Small and Micro Companies) Bill 2021: Second Stage (12 Jul 2021)

Robert Troy: I am pleased to have the opportunity to present this Bill for the consideration of the House following its successful passage through the Dáil last week. The Bill provides for a genuine alternative to examinership for small and micro companies. It gives these companies the same access to corporate rescue as larger companies, thus providing them with a genuine opportunity to restructure...

Seanad: Companies (Rescue Process for Small and Micro Companies) Bill 2021: Second Stage (12 Jul 2021)

Robert Troy: If I miss any specific questions that were raised, I will come back to them. I took note of them all. I thank everybody for their good wishes. I will pass them on to Aideen later. I am not sure she would have expected her name to be bandied about in the Seanad today but that is the price one pays for being married to a politician. She will welcome the good wishes, but I am not sure she...

Written Answers — Department of Enterprise, Trade and Employment: Business Regulation (8 Jul 2021)

Robert Troy: Receivership arises from a private contractual relationship between a lender and a creditor. A receiver is appointed on behalf of a secured creditor to sell the particular company asset which has been charged in favour of that creditor. A receiver is appointed under a) the terms of the debenture for stated reasons or b) by court order. The Companies Act 2014 has application only to...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: There is merit in the amendment and it is important there are provisions to prevent the process being abused by someone seeking to accrue professional fees. Following the concerns raised by the Joint Committee on Enterprise, Trade and Employment, a number of additional provisions were inserted in the Bill regarding the process adviser's fee. The Bill requires that this fee is notified to...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: I am opposed to this amendment because I do not believe it is necessary. The Bill already provides for a discrete amendment to section 690A of the Companies Act 2014, as inserted by the Companies (Miscellaneous Provisions) (Covid-19) Act 2020, to ensure that meetings required by the process can be held virtually. The 2020 Act set out temporary company law measures required to mitigate the...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: I hope the Deputy can clarify his amendment because we are not sure we fully understand what he seeks to amend. He has tabled an amendment to the new section 558X proposed in section 3. This section provides for supplemental provisions relating to proxies at a meeting of members and creditors to consider rescue plans and directly mirrors existing provisions of the Companies Act. The...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: The threshold at which the rescue plan is deemed to be accepted by a class of creditors has been carefully considered in consultation with the Office of the Attorney General. In cases of examinership, section 540 of the Companies Act 2014 provides that a rescue plan "shall be deemed to have been accepted by a meeting of creditors or of a class of creditors when a majority in number...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: The process will be quicker if there is no need to go to the courts. We cannot determine its speed if there is a need to go to the courts. This amendment has been brought in good faith in an attempt to improve upon the process and bring cost savings to companies. The 21-day period provided for creditors and members to object to the rescue plan was carefully considered and drafted in line...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: The Bill is consistent with the provisions in the examinership process relating to redundancy and collective agreements. Redundancies which may arise as a result of a company facing trading difficulty must be dealt with within the existing employment rights legislative framework. Employees may be made redundant under the Redundancy Payments Act 1967 if the circumstances of the redundancy...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: I accept the amendment has been brought in good faith and in an attempt to improve the process and provide cost savings. However, it is not workable from a practical perspective. I will explain why. On initial appointment the process adviser must notify creditors, the Revenue Commissions and employees of his or her appointment. The notification must be sent by the fifth day and include a...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: This is good legislation. It achieves what we set out to achieve and is largely based on an internationally recognised examinership process that the world will look at and say is good. Perhaps it could be improved slightly, but it will achieve our aspirations if we enact it before the summer recess. The purpose of that is to save companies and protect jobs. Our domestic economy contracted...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: Section 558N of the Bill is based on the existing section 520 of the Companies Act, which gives the court full flexibility to put a stay on proceedings if it sees fit. Section 20 provides that no proceedings in relation to a company may commence except by leave of the court and that the court may stay existing proceedings. Employees will not find themselves unfairly prejudiced by this...

Companies (Rescue Process for Small and Micro Companies) Bill 2021: Committee and Remaining Stages (7 Jul 2021)

Robert Troy: I had the very same query during drafting of the Bill. I am happy to give the Deputy the clarification I received. It eased my concerns and I hope it will ease hers. Officials from my Department considered this point in detail in consultation with the Attorney General and the advisory council, and examined how best to guarantee that creditors received the various notices required under the...

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