All companies are required to comply with the extensive provisions of the Companies Act 2014. Alleged breaches of company law can and should be brought to the attention of the Corporate Enforcement Authority (CEA).
The matters raised by the Deputy were brought to the CEA’s attention by the Department as is appropriate. It would not be correct to say that the meeting was facilitated by my officials, instead, I understand that the CEA
invited the Deputy to meet and discuss his concerns.
Section 944D (4) of the Companies Act 2014 provides that the CEA shall be independent in the performance of its functions. The CEA carefully considers all information received. The CEA is a statutorily independent body and operates under a statutory duty of confidentiality and does not comment on individual matters. I, as Minister have no direct function in any action or decision taken by the CEA in relation to its consideration of the matters raised by the Deputy.
It is my intention to bring forward legislative proposals, shortly, which will change company law and employment rights law in line with the Plan of Action – Collective Redundancies following Insolvency. The Plan sets out a range of commitments to enhance further the protection afforded to employees who find themselves in a collective redundancy situation following insolvency. It includes a suite of measures including amendments to employment law and company law legislation and the setting up of an Employment Law Review Group.
