Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Senator for the opportunity to provide an update on the position regarding a letter of formal notice that was adopted by the European Commission on 19 May 2022. The case concerns European works councils and the transposition of the Transnational Information and Consultation of Employees Act 1996. The 1996 Act provides for the establishment of a European works council, or other mechanisms, in community-scale undertakings and community-scale groups of undertakings for the purposes of informing and consulting employees. Community-scale undertakings are large multinationals with at least 1,000 employees across the member states and at least 150 employees in each of at least two member states.

The complaint alleges that rights under EU Directive 2009/38/EC cannot be effectively enforced in Ireland. It suggests a lack of access to justice for special negotiating bodies and European works councils, and the absence of certain dispute resolution mechanisms concerning exercise of these rights. My Department is engaging with the European Commission on foot of the complaint alleging nonconformity of Irish legislation with the directive. Department officials have also sought legal advice from the Office of the Attorney General and will engage further with the European Commission once this advice has been received.