Joe Costello (Dublin Central, Labour)
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Question 158: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when she will transpose the Insolvency Directive into law here; and if she will make a statement on the matter. [12098/09]

Billy Kelleher (Cork North Central, Fianna Fail)
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The Protection of Employees (Employers' Insolvency) Act 1984 transposed EU Council Directive 80/987/EEC into Irish law and is the legal base for the Insolvency Payments Scheme. This Scheme provides for payment of certain entitlements owed to employees by their employer at the time of liquidation. These entitlements include arrears of wages, holiday pay, and pension contributions. While the regulation of pension funds is the responsibility of the Minister for Social and Family Affairs, the Insolvency Payments Scheme can reimburse certain pension fund contributions in an insolvency situation. Section 7 of the Protection of Employees (Employers' Insolvency) Act 1984 provides for payment into an occupational pension scheme of outstanding employer and employee contributions which were due to be paid in the 12 months prior to insolvency. This provision transposes Article 8 of the EU Directive which requires that Member States shall ensure that the pension entitlements of employees are protected in the event of an insolvency.