Joanna Tuffy (Dublin Mid West, Labour)
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Question 367: To ask the Minister for Enterprise, Trade and Innovation if he will provide an update into any investigation that took place into treatment of workers by a company (details supplied); and if he will make a statement on the matter. [48012/10]

Dara Calleary (Mayo, Fianna Fail)
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In 2005, the Minister for Enterprise, Trade and Employment directed that the Labour Inspectorate of the Department carry out an investigation into certain allegations made against a particular company. A report was prepared and, on 21 March 2005, a copy of the draft report was forwarded to the relevant companies under investigation.

The outcome of an interlocutory hearing on a Judicial Review, brought subsequently by the company under investigation with regard to Inspector's Report, was that the Department was restrained from publication of the Inspector's Report but permitted to forward the document to relevant prosecutorial bodies. A copy of the Inspector's Report was accordingly sent to the Department of Social and Family Affairs, the Revenue Commissioners, the Office of the Director of Public Prosecutions, the Competition Authority, the Office of the Director of Corporate Enforcement and the Garda Commissioner.

After the full hearing, the High Court quashed the report. The Minister appealed this judgement and it was reversed by the Supreme Court. Following on the successful appeal to the Supreme Court, a further and final order, largely concerned with the distribution and disclosure of the Report, fell to be issued by the Court.

It was not possible for the parties to agree the contents of this order and, accordingly, a draft order was submitted by my Department to the Court. This draft order was accepted in its entirety by the Supreme Court at a hearing on 18 May 2010. The order was perfected on 7 July 2010.

The Supreme Court order does not allow for unrestricted circulation of the report but it is significant in that it underpins the right to allow for the sharing of information between Ministers of Government. The essence of the Supreme Court's decision was that the Report could be distributed for the purposes of informing relevant policy and future legislation in all Government Departments.

While the circulation of the report itself was subject to restraint by the courts, it has been estimated that the underpaid entitlements which were received by workers as a direct result of the Labour Inspectorate's investigations may be as much as €25m.

Moreover, I understand that two member companies of the group under investigation made a settlement with Revenue in respect of unpaid taxes and penalties amounting to €2.8 million. Notice of this settlement was published in an Iris Oifigiúil on 12 March 2010.