Kathryn Reilly (Sinn Fein) | Oireachtas source

I move amendment No. 121:

In page 62, between lines 25 and 25, to insert the following:

"(2) Section 1(3) of the Act of 1984 is amended by the insertion of the following paragraph:

"(e) the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of six weeks or more;",

(3) Section 4 of the Act of 1984 is amended by the insertion of the following paragraph:

"(g) where following notification in writing by the employee, employees or a representative body to the Minister the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of six weeks or more;",

(4) Section 6 of the Act of 1984 is amended by the insertion of the following subsections:

"(11) Without prejudice to subsections (5), (6) and (7) and section (8), the Minister shall make a decision on an application without delay but in any event no later than 60 days after the application is made.

(12)(a) If the time limit provided in subsection (11) expires before the Minister makes a decision on an application the Minister shall, not later than 30 days after the expiry of the time limit, publish a statement containing the reasons for the delay in making a decision.".".

The purpose of this amendment is to amend the interpretation section of the Protection of Employees (Employers' Insolvency) Act 1984 to enable workers access the insolvency fund when their former employer has ceased trading and is, in effect, insolvent but has not been formally placed in liquidation or receivership, declared legally bankrupt, died or deemed insolvent under legislation of another member state. Amendment No. 122 seeks to amend the definition of definition of insolvency for the purpose of application of the Act of 1984. Workers should still be in a position to apply under the insolvency fund where their former employer has ceased trading under the same circumstances as I have mentioned already.