Written answers

Thursday, 17 September 2009

Department of Enterprise, Trade and Employment

Employment Rights

6:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 3: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on the failure to comply with a Supreme Court order of 30 April 2009, which required that the report of the labour inspectorate of her Department into the activities of companies (details supplied) be sent to certain official and State bodies with prosecutorial responsibilities; if the reports have been furnished to any of these bodies; the action she proposes to take; and her views on the breach of legal EU guarantees involved and the hardship that ensued to the workers involved. [31844/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The Supreme Court judgement of 30th April 2009 allowed the report of the inspector to be circulated to certain bodies. These certain bodies are those as listed in the interlocutory order made by the High Court on 22 April 2005 and are as follows – (i) the Garda National Immigration Bureau (ii) the Competition Authority (iii) the Director of Corporate Enforcement (iv) the Garda Fraud Squad (v) the Revenue Commissioners All of the parties already listed above have been made aware of the Supreme Court judgement and all have copies of the report.

The final step in the legal process following on the Supreme Court judgement delivered on 30th April 2009 is the granting of a final perfected order by the Court. This order will be consistent with the Judgement delivered. The Supreme Court has asked that the Minister draft an order identifying the entities to whom the Report should be circulated. This draft has been made up and sent to counsel for advice and presentation to the Supreme Court. The draft will be pleaded before the Supreme Court by both sides and a perfected final order will then be granted by the Supreme Court. Until the perfected final order of this judgement has been granted by the Supreme Court no action relating to the report may be taken by any of the bodies in possession of the report.

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