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Dáil Éireann Vol. 895 Wednesday, No. 1 5 November 2015 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 04/11/2015A00100Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 04/11/2015A00200Priority Questions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 04/11/2015A00300Company Closures � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 04/11/2015B00450Enterprise Support Schemes� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 4 04/11/2015C00450Transatlantic Trade and Investment Partnership � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 6 04/11/2015C01150Action Plan for Jobs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 8 04/11/2015D01500Action Plan for Jobs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 11 04/11/2015E00350Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13 04/11/2015E00375Employment Rights � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13 04/11/2015E01850Job Losses� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 15 Foreign Direct Investment � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 17 04/11/2015G00550Human Rights Issues � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 19 04/11/2015H00300Job Creation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 21 04/11/2015H01200Social Welfare Bill 2015: Order for Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23 04/11/2015H01600Social Welfare Bill 2015: Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 23 04/11/2015P00500Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 36 04/11/2015Q00500Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 38 04/11/2015T02700Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 50 Topical Issue Debate � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 61 04/11/2015X00200Public Services Card Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 61 04/11/2015X00800IDA Jobs Data � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 63 04/11/2015Z00500National Library � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 66 04/11/2015AA00600HIQA Standards � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 69 04/11/2015BB00500Social Welfare Bill 2015: Second Stage (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 04/11/2015ZZ00100Finance Bill 2015: Order for Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 118 04/11/2015ZZ00500Finance Bill 2015: Second Stage� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 119 04/11/2015MMM00100Travellers’ Rights: Motion (Resumed) [Private Members]� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 145 DÁIL ÉIREANN Dé Céadaoin, 4 Samhain 2015 Wednesday, 4 November 2015 Chuaigh an Leas-Cheann Comhairle i gceannas ar 9�30 a�m� Paidir. Prayer. 04/11/2015A00100Ceisteanna - Questions 04/11/2015A00200Priority Questions 04/11/2015A00300Company Closures 04/11/2015A004001� Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the status of his Department’s investigations and follow-up after the closure of Clerys; and if he will make a statement on the matter� [38077/15] 04/11/2015A00500Deputy Dara Calleary: Five months on what is the position in the investigation into the closure of Clerys? What legislative proposals will the Minister undertake between now and the general election, particularly in the light of the forthcoming legislation on workers’ rights? 04/11/2015A00600Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Ger- ald Nash): On 6 July 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 Government colleagues on the report, a copy of which is available on my Department’s website� It sets out the sequence of events leading up to the closure on 12 June based on the information then available� It also sets out the relevant employment law and company law framework� The Deputy will be aware that the liquidation of Clerys is in the hands of liquidators under the supervision of the High Court� The High Court was informed at the hearing on 6 July that the liquidators had identified a number of matters which they intended to investigate as part of the liquidation process� I understand the liquidators will report back to the High Court in due course� The liquidators have important duties under company law, including an obligation to provide, within six months of their appointment, a report on the conduct of directors for the Director of Corporate Enforcement and a requirement to make an application to the High Court 2 4 November 2015 for the restriction of directors, unless the Director of Corporate Enforcement has relieved them of this requirement� On the establishment of the Office of the Director of Corporate Enforcement, ODCE, in 2001, the existing functions of the Minister relating to the enforcement of the Companies Acts transferred to the Director of Corporate Enforcement� These functions included the investiga- tion of suspected offences under the Companies Acts and prosecuting detected breaches of the Acts� Neither I nor the Minister, Deputy Richard Bruton, has any investigative function under the Acts� The Director of Corporate Enforcement is independent in the exercise of his statutory functions� I have been informed by the Department of Social Protection that, with the exception of three pending payments, all former Clerys employees have received their full statutory pay- related entitlements� 04/11/2015A00700Deputy Dara Calleary: My difficulty is that it could have happened again at the weekend. Thankfully, the employers who have taken over Arnotts are committed to growing the business and employment in it, but five months on the same situation could have been unveiled at the weekend� On ICTU’s proposals regarding facilitating a consultation period before redundan- cies, for instance, there are issues that issues such as this could be done to try to delay proceed- ings. I understand the Office of the Director of Corporate Enforcement, ODCE, is separate, but does the Minister of State have a timeline for when its investigations will be completed? Is the ODCE aware of the significance of this case in terms of the message it sends because it is not being dealt with while the office is looking into it? The message it sends is that it is okay to treat workers like something on a peg in a shop that can be just thrown away overnight and that unscrupulous business people can get away with that behaviour, which is unfair to workers� We know that the reality is different, but while Natrium has got away with it - five months on it looks as if it has - all of the agencies involved in investigating the matter should be aware of its urgency and the necessity of preventing it from recurring� As regards the Minister of State’s responsibilities, with legislation being brought forward, how does he respond to the various ICTU proposals revolving around a consultation period? 04/11/2015B00200Deputy Gerald Nash: The various proposals made by ICTU generally relate to company law and the conduct of directors� I know that ICTU representatives have met my ministerial colleague, Deputy Richard Bruton, in that regard� It is worth making the point, however, that the report I published in a timely fashion after the closure of Clerys and the related events takes that issue very seriously� It suggested, as I recommended, that the Department of Social Pro- tection become a member of the committee of investigation, which essentially is a committee of the court and an important part of the liquidation process which is ongoing� It is only when all of the facts and events leading up to the winding up of Clerys are
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