Dáil Éireann Debate, Thursday - 2 March 2017
362. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation her plans to introduce legislation to prevent tactical insolvencies; and if she will make a statement on the matter. [10931/17]
Amharc ar fhreagraA number of actions were initiated as part of the Government’s response to the insolvency and immediate closure of Clerys. The Duffy-Cahill report provides a comprehensive analysis of the relevant provisions of employment law and company law. It makes a number of proposals for reform of the law, which are primarily concerned with amendments to employment law. My Department conducted a Public Consultation on the report following its publication on 26 April 2016.
The submissions received in response to the consultation are important in terms of assessing how the suggested reforms could operate in practice and in identifying any unintended consequences. They will inform the response to the report which will be brought forward for consideration by Government.
Separately, authorised officers of the Minister from the Workplace Relations Commission have sought information from a number of parties in relation to the collective redundancies that took place in OCS Operations Limited on 12 June 2015. The work of the authorised officers relates to the application of the Protection of Employment Act 1977 to the collective redundancies in question. A legal challenge was taken by two of the parties last year, on which the High Court ruled comprehensively in favour of the WRC Inspectors. Further legal challenges to the investigation are currently listed before the Courts. The work of the authorised officers is continuing and the matter of prosecutions, where appropriate, is also being progressed.
The Company Law Review Group is continuing to examine legislation with a view to recommending ways company law and indeed the wider legislative code could potentially be amended to better safeguard a company’s employees and unsecured creditors. That work is currently ongoing and any recommendations made by the Group will receive careful consideration, when received.
