Ruairi Quinn (Dublin South East, Labour)
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Question 944: To ask the Minister for Enterprise, Trade and Employment if the findings of the European Court of Justice in a case (details supplied) have been incorporated into Irish legislation; if his Department has responded to the European Commission's repeated requests in relation to this case; when he intends to incorporate the findings of the case into Irish law; the reason there has been a significant delay in this change; and if he will make a statement on the matter. [28565/06]

Tony Killeen (Clare, Fianna Fail)
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My Department is currently drafting legislation to amend the Protection of Employment Act, 1977 to cover a number of matters, including the outcome of the Junk v Kuhnel case. Full implementation of the mandatory European Court of Justice Decision of 27th January, 2005 in this case will therefore be provided for in the Heads of Bill for the proposed Protection of Employment Bill 2006, which will also deal with the proposed Redundancy Panel and Dismissals in Industrial Disputes, both matters stemming from the Social Partnership Agreement, Towards 2016.

Under the forthcoming legislation, to which my Department is giving priority, it is proposed that notice of dismissal for redundancy cannot be given to any employees in a collective redundancy situation under Section 6 of the Protection of Employment Act, 1977 as amended by Section 5 of the Protection of Employment Order, 1996 during the 30 day period of consultation with employees representatives provided for in Section 9(3) of the Principal Act. On 31st August, 2006, my Department formally notified the Employment, Social Affairs and Equal Opportunities DG of the European Commission of its intention to implement the ECJ Decision in the Junk v Kuhnel case by amending the Protection of Employment Act, 1977.

It might also be noted that the existing Section 16 of the Protection of Employment Act, 1977 already appears to cover the ECJ Decision to a certain extent by simply stating that "Nothing in this Act shall affect the right of any employee to a period of notice of dismissal or to any other entitlement under any other Act or under his contract of employment". However, a measure of clarity in this matter would be desirable, given the fact that decisions of the European Court of Justice are mandatory in respect of Member States. My Department, in the legislation currently being prepared, is endeavouring to ensure that clarity and to avoid any doubt in the matter.