Maurice Quinlivan (Limerick City, Sinn Fein)
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149. To ask the Minister for Enterprise, Trade and Employment the number of employers who have received a fine not exceeding €5,000 as per the Protection of Employment Act 1977 for failing to consult with employees’ representatives or for failing to provide certain information to employees’ representatives when proposing collective redundancy in each of the years 2011 to 2021 and to date in 2022, in tabular form; and if he will make a statement on the matter. [59345/22]

Maurice Quinlivan (Limerick City, Sinn Fein)
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150. To ask the Minister for Enterprise, Trade and Employment the number of employers who have received a fine not exceeding €5,000 as per the Protection of Employment Act 1977 for failing to notify the Minister for Enterprise, Trade and Employment of their intention to create collective redundancies in each of the years 2011 to 2021 and to date in 2022, in tabular form; and if he will make a statement on the matter. [59346/22]

Maurice Quinlivan (Limerick City, Sinn Fein)
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151. To ask the Minister for Enterprise, Trade and Employment the number of employers who have received a fine not exceeding €250,000 as per the Protection of Employment Act 1977 for affecting a collective redundancy prior to the expiry of the 30-day period following notification to the Minister for Enterprise, Trade and Employment in each of the years 2011 to 2021 and to date in 2022, in tabular form; and if he will make a statement on the matter. [59347/22]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 149, 150 and 151 together.

The Protection of Employment Acts 1977 makes it mandatory for employers proposing a collective redundancy:

a. to engage in an information and consultation process with employees’ representatives for at least 30 days before notice of redundancy is given, and

b. to notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy at least 30 days before they take effect.

The Workplace Relations Commission (WRC) is an independent statutory office under the aegis of my Department. The prosecutorial function in relation to the relevant sections of the 1977 Act rests with the WRC.

This prosecutorial function is initiated on the notification of either a failure to consult with the Minister or the initiation of collective redundancies in the 30-day period prescribed by the Act.

Within the period specified, no such fines have been imposed.

WRC Inspectors are appointed by the Minister to be authorised officers under this Act and have powers to interview persons and examine records. Failure to co-operate with an authorised officer, or to obstruct or mislead them, is a criminal offence, incurring a fine of up to €5,000. In addition, employers are required to keep relevant employment records for 3 years to ascertain whether or not the provisions of the Act are being and have been complied with, failure to do this is also a criminal offence and can also result in a fine of up to €5,000.

In cases where collective redundancies are announced or notified to the Minister, the WRC is available to and does engage with employees with regard to providing information on their employment and redundancy rights.

Whilst redundancy policy is a matter for my Department and the WRC is tasked with carrying out prosecutions on behalf of the Minister, the outcome of any prosecution is a matter for the courts.