Dáil Éireann Debate, Tuesday - 4 October 2016
275. Deputy Paul Kehoe asked the Minister for Social Protection the action he will take in progressing the insolvency payment for a person (details supplied); if he can intervene or if there are sanctions to be put in place to compel them to do this when the liquidator is not carrying out their responsibility; and if he will make a statement on the matter. [28249/16]
Amharc ar fhreagraMy Department administers the insolvency payments scheme. Payments can be made for Employment Appeals Tribunal awards under the scheme. However, a claim under the scheme has not been lodged in respect of the person referred to.
Under the Protection of Employees (Employers’ Insolvency) Acts, applications to the insolvency payments scheme must be submitted by the employer representative (normally a liquidator, receiver or administrator). The employer representative submits these claims based on the books and records of the company. The requirement to validate the claims is to protect the integrity of the Social Insurance Fund.
My Department has no powers to intervene in company liquidations. Liquidations are carried out in accordance with the Companies Acts, which is the responsibility of the Department of Jobs, Enterprise and Innovation. The Department of Jobs, Enterprise and Innovation has advised that a creditor (such as a former employee) has the power to apply to the Court to have a liquidator removed and a new one appointed.
The Irish Auditing and Accounting Supervisory Authority (IAASA) is responsible for monitoring the behaviour of liquidators.
I hope that this clarifies the matter.
