John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 81: To ask the Minister for Enterprise, Trade and Innovation the options open to a person (details supplied) in County Kilkenny to resolve their case; if there is existing or promised legislation which may be of assistance to them; and if he will make a statement on the matter. [26929/10]

Dara Calleary (Mayo, Fianna Fail)
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The Insolvency Payments Scheme, operated under the Protection of Employees (Employers' Insolvency) Act, 1984, and administered by my Department, provides for the payment of certain wage-related entitlements where an employee's employment is terminated as a result of the employer's insolvency. However, claims under the Scheme can only be processed if a company is legally insolvent within the definition of the Act and a "relevant officer" – normally a receiver or liquidator – has been appointed and certifies the claims.

I understand from correspondence from the person to whom the Deputy refers, that he has pursued the debt owing to him through the civil courts. An order granted by the court was referred to the Sheriff. However, the Sheriff was unable to execute the order as the employer had ceased trading and had insufficient funds to meet the debts due.

A key issue raised in this case relates to company law. As outlined in Minister O'Keeffe's reply to previous correspondence in this case, there is no provision under company legislation which automatically prevents directors of a dissolved company from being or seeking to be directors of another company. If, however, the correspondent believes that there has been a breach of companies' legislation, it is open to him to refer the matter to the Office of the Director Corporate Enforcement (ODCE) who may be contacted at

Postal Address: Office of the Director of Corporate Enforcement, 16 Parnell Square, Dublin 1; Telephone: +353 (0) 1 858 5800; Fax: 353 (0) 1 858 5801; Email: info@odce.ie; LoCall: 1890 315 015; Dx Number: DX145003, Parnell House.