Again, I thank the Minister of State and his officials for assisting the committee in its consideration of this matter.
We will now move on to correspondence. The first item of correspondence is No. ETER 426, which is the second item on our agenda. On 24 February 2023, the Joint Committee on Enterprise, Trade and Employment received the aforementioned item of correspondence from Hamilton Turner Solicitors acting on behalf of Mr. Jimmy Kelly and Mr. Walter Cullen. The correspondence relates to the opening statement of Mr. W. Croke and Mr. J. M. Hearne that was read out during the committee's detailed scrutiny hearings relating to the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021 on 25 January 2023. The committee has not engaged in making any assessment as to the correctness or otherwise of any allegations made by any party in relation to any issue. The committee has agreed to read the following extract from the correspondence into the record as a courtesy to Mr. Kelly and Mr. Cullen.
The correspondence reads as follows:
Dear Sir,
We refer to the above matter and confirm we are instructed on behalf of Walter Cullen and Jimmy Kelly.
We attach statement made to your committee by Mr. W. Croke and Mr. J.M. Hearne which was read into the record of the Dáil Committee. This statement was submitted on behalf of the Waterford Crystal Pension Action Group. Our clients wish to correct the submission made to the committee.
We refer to the following quote from that group’s submission,
“In 2009, the Unite the Union was contacted, requesting that our group be included in the union’s ECJ litigation. However, no reply was forth coming. Again in 2016, Deputy Mary Butler TD wrote to the Unite regional secretary regarding our situation but again no reply was ever received.”
This statement infers that the senior Unite officials who were responsible for initiating and overseeing the Waterford Crystal ECJ litigation and negotiating the subsequent agreement reached under the chairmanship of Mr Kieran Mulvey ignored representation from this group.
Our clients categorically deny this statement. We are instructed that far from ignoring requests from this group, Unite has provided significant assistance, support and advice over a number of years particularly through Mr. Cullen and Mr. Kelly.
We are instructed that senior Unite officials held meetings with representatives of this group on numerous occasions, including a meeting held in the Waterford Unite Office with the Unite Regional Secretary Jimmy Kelly and the former junior minister John Halligan TD. This meeting was held at the request of the then Junior Minister.
We are advised that senior Unite officials had numerous meetings with the law firm that acted for the Waterford Crystal employees in the legal action against Waterford Crystal and the Corporate Trustees.
We are also advised that a senior Unite official attended as a supporting witness in the High Court in a similar action, by a group of former Waterford Crystal employees who accepted a company offer of voluntary redundancy in 1990.
Our clients support pension reform and the ongoing work of the committee for all workers and especially for this group.
Our clients were not afforded an opportunity by Mr. Hearne to comment on the statement made by him and Mr. Croke on 25th January 2023. Our clients are disappointed with the statement submitted as it fails to record the significant assistance provided by Unite and Unite officers to Waterford Crystal employees.
That concludes the committee's business in public session for today. Is that agreed? Agreed.