Michael McNamara (Clare, Independent)
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146. To ask the Minister for Enterprise, Trade and Employment when he will make regulations under section 7 of the Transnational Information and Consultation of Employees Act 1996, in view of the migration of more than 100 European Works Councils to Ireland following Brexit; and if he will make a statement on the matter. [62875/22]

Damien English (Meath West, Fine Gael)
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Section 7 of the Transnational Information and Consultation of Employees Act 1996, provides that Regulations may be made as are necessary for the purpose of giving effect to the Act and in particular, in relation to:

1. expenses to be borne by the central managements in relation to undertakings and groups of undertakings.

2. the appointment of an arbitrator for the purposes of section 20 of the Act and the terms and conditions to which such an appointment shall be subject.

3. the powers and procedures of arbitrators, and the conduct of arbitration proceedings, under sections 20 and 21 of the Act, and

4. in relation to a European Works Council, the funding by central managements of the expenses of the operation of Special Negotiating Bodies, European Works Councils, European Employees' Fora or information and consultation procedures.

Regulations under the Act may contain such incidental, supplementary, and consequential provisions as appear to be expedient for any purpose of the Act. The Act provides that every Regulation made shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the Regulation is passed by either House, then the Regulation shall be annulled.

The introduction of Regulations under section 7 will be considered as required in accordance with the provisions of the Act.

Michael McNamara (Clare, Independent)
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147. To ask the Minister for Enterprise, Trade and Employment his views on the concerns expressed by the European Commission and an organisation (details supplied) regarding the adequacy of Ireland's transposition of Directive 2009/38/EC; and if he will make a statement on the matter. [62876/22]

Damien English (Meath West, Fine Gael)
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The Transnational Information and Consultation of Employees Act 1996 (TICEA), No. 20 of 1996, transposed EU Directive 94/45/EC into Irish law.

That Directive was recast by Directive 2009/38/EC to which effect was given by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011(S.I. No. 380 of 2011).

The Act provides for the establishment of a European Works Council (EWC) or other mechanisms in community-scale undertakings and community-scale groups of undertakings for the purposes of informing and consulting employees.

The European Commission raised a query on foot of a complaint it had received alleging non-conformity of Irish legislation with Directive 2009/38/EC on European Works Councils. My Department has replied to the queries raised. However, as the process is incomplete it is not appropriate for me to comment further at this time.

My department is engaging with the European Commission on foot of the complaint received.

The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully providing mechanisms for dispute resolution. However, should any inadequacies be identified, they will be addressed in due course.