Clare Daly (Dublin Fingal, Independent)
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344. To ask the Minister for Housing, Planning, Community and Local Government if he will investigate his Department's failure to intervene in relation to the fact that the Wexford Local Development Company refused to honour Labour Court Recommendation LCR 19755 26/3/2010 on the grounds that it was a private matter between the company and its employees, when it later emerged that the company, which has consistently been funded by his Department, stated that it was a former Minister (details supplied) who advised it not to do so. [27039/16]

Simon Coveney (Cork South Central, Fine Gael)
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I am aware of the Labour Court recommendation in the case in Question. The position is that neither my Department, nor the former Department of Community, Equality and Gaeltacht Affairs, was the employer referred to in the Labour Court recommendation. My understanding is that the individuals were employed by an independent company, limited by guarantee, and had employment contracts with that company. Therefore, any employment matters are solely for the board of the company. There could be no role for my Department in such a case.

Section 2 (3) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007, provided that:

"The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001, by virtue of the provision of funding to a person or persons under any scheme".

This position is fully consistent with that of the then Minister for Community, Equality and Gaeltacht Affairs in place at that time.