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Dáil Éireann Vol. 887 Wednesday, No. 2 15 July 2015. DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 15/07/2015A00100Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 15/07/2015A00125Priority Questions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 15/07/2015A00150Company Closures � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 15/07/2015B00150Company Law � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 4 15/07/2015B01450Employment Rights � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 7 15/07/2015C00600IDA Supports � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 9 15/07/2015D00550Trade Agreements� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 11 15/07/2015E00225Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13 15/07/2015E00250Enterprise Support Schemes� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13 15/07/2015E00950Departmental Communications � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 15 15/07/2015F01450Construction Contracts � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 18 15/07/2015G00800Enterprise Support Services Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 19 15/07/2015H00350Employment Rights � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 21 15/07/2015H01175Defence (Amendment) Bill 2015 [Seanad]: Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23 15/07/2015M02850Defence (Amendment) Bill 2015 [Seanad]: Committee and Remaining Stages � � � � � � � � � � � � � � � � � � � � � � 32 15/07/2015Q00100Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 38 15/07/2015T06500Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 52 15/07/2015W02100Child Care (Guardian Ad Litem) Bill 2015: First Stage� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 60 5/07/2015Y00100Events at Ballymurphy in 1971 and Legacy Issues: Motion� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 62 15/07/2015GG00400Northern Ireland: Statements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 80 15/07/2015VV00200Message from Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 110 15/07/2015VV00450Tax Code� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 110 15/07/2015WW00500Apprenticeship Programmes� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 112 15/07/2015XX00500Teaching Qualifications � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 115 15/07/2015ZZ00050Cycling Facilities Funding � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 117 15/07/2015AAA00600Climate Action and Low Carbon Development Bill 2015: Report and Final Stages � � � � � � � � � � � � � � � � � � 120 2015DDD00050Children (Amendment) Bill 2015 [Seanad]: Order for Report Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � 127 15/07/2015DDD00100Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages � � � � � � � � � � � � � � � � � � � � � � � � � � � 128 0Petroleum (Exploration and Extraction) Safety Bill 2015 [Seanad]: Second Stage� � � � � � � � � � � � � � � � � � � 141 15/07/2015OOO00400Petroleum (Exploration and Extraction) Safety Bill 2015 [Seanad]: Committee and Remaining Stages� � � � � 151 15/07/2015SSS00100Social Services and Support: Motion (Resumed) [Private Members]� � � � � � � � � � � � � � � � � � � � � � � � � � � � 157 DÁIL ÉIREANN Dé Céadaoin, 15 Iúil 2015 Wednesday, 15 July 2015 Chuaigh an Leas-Cheann Comhairle i gceannas ar 9�30 a�m� Paidir. Prayer. 15/07/2015A00100Ceisteanna - Questions 15/07/2015A00125Priority Questions 15/07/2015A00150Company Closures 15/07/2015A002001� Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the actions he has taken to protect jobs following the closure of a department store (details supplied); if all relevant legislation has been complied with in this closure; the provisions he plans to introduce to avoid such closures in the future; and if he will make a statement on the matter� [28720/15] 15/07/2015A00300Deputy Dara Calleary: It is nearly six weeks since the overnight take-out of Clerys by corporate interests that had no concern for those working and doing business in the store� I want to discuss with the Minister of State where we go from here� First, I want him to give an update on his work for the workers, the 134 Clerys’ staff and the 330 concession holders’ staff� Second, I want to tease out some of the issues raised in his report, particularly on section 224 of the Companies Act which provides that directors must have regard to the interests of the employees� It is very clear that on this occasion the interests of the employees were far down anybody’s list of interests and the Minister of State needs to show how the Government will avoid this ever happening again� 15/07/2015A00400Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Ger- ald Nash): We all agree that what has happened in Clerys is very shocking and quite appalling� Those who were directly employed by Clerys and the concession holders and their staff have been treated appallingly� 2 15 July 2015 The House will be aware that last week I submitted a report to the Taoiseach and the Tánaiste to further inform the Government on the issues surrounding the sale and liquidation of Clerys� I also briefed my Cabinet colleagues on the report� A copy of the report, together with appendi- ces, including documents submitted for the High Court hearing on 12 June and correspondence I have had with Natrium Limited, the new owners of the site, are available on my Department’s website� The report sets out the sequence of events leading up to the closure on 12 June, based on the information available; events since 12 June, including the engagement I have had with Clerys’ workers and their trade unions, the provisional Liquidator and representatives of the 50 concession holders; and the efforts being made by the Department of Social Protection, the NERA and the liquidators’ staff to assist the workers in accessing their statutory entitlements� The report also sets out the relevant employment and company law framework and identi- fies a number of issues for the Government to consider in what is an evolving situation, key aspects of which are 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 for creditors in a liquidation, including provisions to ensure 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� In this respect, I understand that, at the hearing on 6 July, the High Court was informed that the liquidators had identified a number of matters which they intended to investigate as part of the liquidation process� Separately, the Tánaiste has indicated that, given that workers’ claims for statutory redun- dancy and other statutory entitlements are falling to be met by the State from the social insur- ance fund, she intends to use every legal avenue available to her to vindicate the State’s and taxpayers’ rights in this regard� 15/07/2015A00500Deputy Dara Calleary: As the Minister of State said, the liquidators are carrying out an investigation. They are setting up a committee of investigation which will include five repre- sentatives of creditors� Will the State seek to be one of these representatives, either through Revenue or a representative of the social insurance fund, in order that the interests of the State, both as a creditor and in finding out what exactly happened, can be reflected at the table in the liquidation? We have to stand from this issue� This did not happen in 24 hours; it had been in planning� Highly paid lawyers and accountants had planned it up to the last minute and those who were notified last were the workers and the concession holders. Therefore, somebody somewhere
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