Terence Flanagan
Question:129. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding a loss of jobs; and if he will make a statement on the matter. [28045/15]
View answerThursday, 9 July 2015
Questions (129)
Written answers
What has happened in Clerys is very shocking and those who were directly employed by Clery’s and the concession holders and their staff have been treated appallingly. Earlier this week I submitted a report to the Taoiseach and Tánaiste to further inform Government on the issues surrounding the sale and liquidation of Clerys. I also briefed my Government colleagues on the report on Tuesday 7th July. A copy of the report, together with appendices including documents submitted to the High Court hearing on 12th June and correspondence I have had with Natrium Limited, is available on my Department’s website.
The report sets out the sequence of events leading up to the closure on 12th June, based on the information available; events since the 12th June including the engagement that has taken place with Clerys workers and their trade unions, with the provisional Liquidator and with representatives of the 50 concession holders; the efforts being made by the Department of Social Protection, NERA and the Liquidators’ staff to assist the workers in accessing their statutory entitlements.
The report also sets out the relevant employment law and company law framework and identifies a number of issues for Government to consider in what is an evolving situation, key aspects of which are currently under the jurisdiction of the High Court.
The report indicates the areas of employment law that will be further considered. It also identifies the company law provisions that were designed to ensure just and equitable treatment of creditors in a liquidation, including provisions to ensure that all assets that should be available to the liquidator can be accessed for the purpose of discharging a company’s debts.
The Liquidators have their job to do and in this respect, I understand that, at the hearing on 6 July, the High Court was informed that the Liquidators have identified a number of matters which they intend to investigate as part of the liquidation process.
Separately, the Tánaiste has indicated that, given that payment of workers’ claims for statutory redundancy and other statutory entitlements is falling to be met by the State from the Social Insurance Fund, she intends to use every legal avenue to vindicate the State and taxpayers’ rights in this regard.