Gerald Nash (Louth, Labour) | Oireachtas source

The matters raised by Senator Cullinane are of great concern to all right-thinking people. In recent days, a number of representatives of business organisations have contacted me to express disgust at the manner in which the workers at Clerys have been treated and the practice that led to their dismissal. Senator Cullinane raises some important matters which, strictly-speaking, fall within the ambit company law. I understand the Taoiseach, speaking in the Dáil yesterday, expressed concern about the adequacy of company law, the way in which it interacts with employment law and the position in which employees may be left in circumstances such as the Clerys case. I do not have any direct responsibility for the company law functions of the Department. However, the Taoiseach has asked me to do a report on this appalling episode. I will be supported in compiling this report by officials in the Department of Jobs, Enterprise and Innovation as, strictly-speaking, company law matters fall within the brief of the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton. The Minister will work with us in reviewing this entire area. Ultimately, it may be necessary to have the matter examined by the Company Law Review Group, a standing body which has performed extremely well in recent years in addressing lacunae in company law.

Many people find this particular episode galling. All right-thinking people, including Members, will condemn the treatment of the Clerys workers. Since late last Friday evening, when this issue first came to my attention, I have been doing my utmost to support the workers, both individually and collectively, and I will continue to support the staff and trade unions. I will work to address any gaps identified in Irish law that allow circumstances such as these to arise. Two separate areas of law arise in this regard, the first of which is a range of different elements of company law, while the second is employment law.

We must ensure the rights of employees are protected and cases such as this are avoided, if possible, in future. If legislation or regulations need to be changed, the Government and all parties in the House will need to front up and say this. There is certainly a strong case for having the matter reviewed. The Taoiseach stated in the Dáil yesterday that he has asked me to provide him with a report and I will do so at the earliest possible date. Ultimately, the Company Law Review Group may need to examine all of the issues around this case and it is possible that a change in law will be required. I look forward to receiving the review group's advice on this important matter.