Peter Burke
Longford-Westmeath · Fine Gael · Ireland
“I thank Deputy Ó Broin for raising this important matter. I cannot imagine the trauma many families are going through right now as a result of the conclusion of An Coimisiún Pleanála on this file. This was a dark time in our past.”
“I thank Deputy Nash for his question on this very important issue. I will say clearly and unambiguously that I share his concerns in relation to ensuring that no product produced in Ireland ends up in the Russian military complex. We are very firm in that belief.”
“I have heard suggestions in some outlets that the Irish Government was in that company's corner at key European forums. That is not true. The European Commission has brought forward 20 sanctions packages and Ireland has supported them all 100%. It is very important to put that on the record.”
“I thank Deputy Wall for his very important intervention. I heard part of the interview this morning, which was exceptional and very courageous, showing leadership in an area which affects so many people in our society. I know the Minister for Health is supportive of the Deputy's initiative and remains so.”
“We have enacted the Family Courts Bill, establishing a dedicated family court to look at very sensitive items for victims. We have introduced an offence for non-fatal strangulation, reflecting the seriousness of the abuse and the stress and harm it causes.”
“I thank Deputy Murphy for being proactive and bringing forward a solution to try to operationalise a group of the Oireachtas and showing leadership to do that for Tipperary. I will absolutely bring that to the attention of the Minister for justice, particularly considering the cross-party aspect.”
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“The first meeting of the forum took place on 11 June where numerous organisations representing Ireland’s enterprise sector were joined by officials from a variety of State agencies and Government Departments. It is anticipated the forum will meet regularly over the coming six months, with each meeting devoted to a distinct area of concern to businesses, including business costs, infrastructure and regulation. In response to international economic developments and in line with other commitments in the programme for Government, we have also accelerated the timeframe for the development of the action plan for competitiveness and productivity. The action plan is currently being prepared and discussions on competitiveness will be had at the summit in July.”
“The Government has been active in providing support for businesses facing increased costs over the past several years. In April 2024, I announced a substantial package of measures that continue to aid firms. These measures included increased payments under the innovation grant scheme and the energy efficiency grant scheme and the implementation of an enhanced SME test on Government decisions. The National Enterprise Hub was launched in 2024 and has been designed as an entry point to aid businesses to find relevant supports and help for their business. Most recently, budget 2025 provided for the introduction of the power up grant and introduced changes which reduced costs by means of the increased employer PRSI threshold. The programme for Government set out a commitment to establish a cost of business advisory forum.”
“I propose to take Questions Nos. 9 ,10 and 16 together. I thank the Deputies for these important questions on the SME sector. Ireland's SME sector has faced a number of economic shocks in recent years and these have resulted in very significant cost increases. While most of these have been international in nature, with energy price inflation the most significant, there have been costs associated with domestic measures, including policies aimed at improving working conditions. Although there have been improvements in wholesale price inflation, business costs and especially energy prices remain elevated. Our small size and peripheral location contribute to higher electricity prices in Ireland. We also have a widely spread, low-density population, which means that network and connection costs are higher.”
“It is very important that the organisation is resourced. The cost of business advisory forum will bring all of those key agencies, from the Revenue Commissioners to the CCPC and An Bord Pleanála, into the same room. It is critical that we see how we, as a country, can make things simpler for our businesses.”
“The CCPC is a very important independent agency. The Minister of State, Deputy Dillon, is working very closely with the organisation on inflation in grocery prices. With regard to vacancies, there has been a challenge with recruitment. The budget is there. There has been a significant increase in budgetary capabilities for the CCPC but it is a very competitive landscape and the recruitment process is very difficult. We are doing all we can to fill those vacancies. This is one of the areas that was raised with me by the head of the CCPC when I met him a number of weeks ago. We will ensure that it has the resources needed to grow. Over the past decade, the CCPC has grown exponentially. As a result of European laws and responsibilities, Ireland now has an outsized role in the regulatory environment.”
“The Government is very much focused on that. As I said, we are at record levels of employment but there are challenges. I am more aware than most of the challenges in terms of the costs facing our family businesses. I have demonstrated what we are doing about this. July will be a very important month for our competitive action plan. We will also establish our small business unit, and we have our cost of business advisory forum.”
“The key area on which the forum will focus is the cost of regulation and trying to make things more efficient and easier for our small family businesses. I always point out that many of these businesses do not have a HR director or finance director; all their work is done around the kitchen table, trying to vindicate all the efforts they put towards employing two thirds of workers right across the country. That is why it is key that all the regulators, who make so many decisions, are involved. We need to look at the interoperability of those decisions with the decisions of other regulators and what costs that puts on businesses. Critically, we have to achieve outputs. We must see how we can make changes, with the forum being a key accelerator in that regard to ensure we are doing things in a simpler manner.”
“To assist with its review, the forum will hold a series of follow-up thematic meetings on topics such as regulatory cost and simplification, planning and infrastructure, technology and innovation, visas and work permits, and utility costs. This is not an exhaustive list. It will develop with input from stakeholders as the engagement process continues over the coming six months. A high level of engagement is not only welcomed but is strongly encouraged through the forum and also via the public consultation methodology, which is now live on my Department's webpage. Members of the public, as well as all participants in the enterprise forum and retail forum, are invited to contribute to the consultation. Submissions are open until 20 June.”
“I was very encouraged to see a strong turnout at the first meeting and diverse representation from enterprise bodies across retail, tourism, agriculture, small businesses and the multinational sector. At the meeting, the chair outlined the forum's operational approach and its terms of reference were formally adopted. To set the scene, presentations were delivered by my officials on Ireland's economic landscape and by IBEC on the theme of regulatory ambition. The forum's purpose is to examine the factors contributing to the rising cost of doing business in Ireland, including regulatory and infrastructural challenges that may require a sharper focus and a revised approach. It will identify practical steps to help to reduce those costs.”
“I convened the inaugural meeting of the cost of business advisory forum on 11 June 2025. In my opening remarks, I shared my vision and expectation that the forum would "create a space where businesses can speak directly to decision-makers about the real-world impact of rules and charges, and identify areas where practical changes can be made". The establishment of the forum delivers on a key commitment in the programme for Government. The forum is a subgroup of my Department's enterprise forum. I was pleased to appoint Mr. Kevin Foley as its chair and Mr. Ronan Byrne as vice chair. The forum presents a unique opportunity for tripartite engagement, with Departments and regulators hearing directly from business owners and representatives.”
“To be clear on the facts, Ireland is the most competitive economy in the eurozone. I want to make sure that does not change. The actions I take will ensure our businesses have the best environment in which to grow, that we support viability and that we continue to grow our economy, as we did with the 90,000 extra jobs that were created over the past year. That is 90,000 families with an extra income.”
“Let me bust the myth to which the Deputy referred. Our indigenous economy is at record levels. Currently, Enterprise Ireland is supporting 234,000 jobs in our country. Our exports, at €36 billion, are at record levels. Enterprise Ireland companies spend €39 billion in our wider economy. The Deputy referred to the FDI sector. There are some very significant FDI companies in the country that interact with indigenous companies. For example, one company in the semiconductor space has interactions with and has built in 831 SMEs into its supply chain. The same is happening with companies from Banagher Precast Concrete to Kiernan Structural Steel in Longford. That is very important for our indigenous economy. I am trying to close that eco cycle to ensure our SMEs benefit from the presence of the FDI sector. That is happening in front of us.”
“We have the biggest reform of employment law ongoing through the employment law review group, which is examining laws that affect so many citizens right across the country. I am keen to ensure businesses remain viable. The cost of business advisory forum had its inaugural meeting last week. We have established a small business unit in the Department. We are changing the dial by doing things in a more simple, light and fast way. That will be my approach in the Department to ensure we really incentivise our indigenous economy.”
“No Government has done as much for workers' rights as the previous Government, of which I was a member, did in terms of banning zero-hour contracts, bringing in tips legislation, introducing more agile practices in the workplace, the fruits of which we have seen and bringing in a statutory sick pay scheme. We turned the dial on a number of areas that had been neglected for years. It is my job and responsibility to ensure businesses remain viable. I have met with union leaders over the past number of weeks in connection with the work that is ongoing in my Department. They expressed concern in some areas but they also acknowledged the huge number of reforms that have been carried out.”
“Its development has been informed by extensive consultation across Government Departments and with external stakeholders. My Department has already undertaken a series of bilateral engagements with key Government partners, including in the areas of infrastructure, housing, research and innovation. This discussion will continue over the weeks ahead. My Department has also launched a public consultation which is currently open. The action plan will also be guided by the forthcoming Ireland's Competitiveness Challenge 2025 report from the National Competitiveness and Productivity Council, NCPC. That evidenced-based input will be vital to ensuring that our policy responses are targeted, proportionate and future-facing.”
“Moreover, external shocks like Brexit and geopolitical uncertainties have embedded themselves into the cost structure, making it harder for businesses to remain competitive, whether indigenous or FDI. In response to international economic developments, and in line with a commitment in the programme for Government, work is under way on the development of an action plan on competitiveness and productivity. The Government agreed to accelerate the timeframe for this work and the action plan will be presented for consideration at a competitiveness summit to be held in July. The action plan will reflect a whole-of-government approach to domestic drivers of, or barriers to, competitiveness, focusing on areas firmly within our own control.”
“I thank the Deputy for this very important question in an area that we are really moving the dial on. Ireland currently holds a strong competitive position globally, ranked seventh overall, and first in the eurozone, in the annual IMD world competitiveness rankings for 2025. However, we cannot be complacent and work remains to be done in many areas. We are aware that there are significant challenges and it is important that we do not take our strengths for granted. In a rapidly changing and uncertain international environment, it is fundamental that we take action to address long-standing legacy issues as well as emerging threats to our competitive performance. Persistent high costs in areas such as energy continue to challenge the competitiveness of businesses, particularly SMEs.”
“In every single area, Ireland has been at the forefront in supporting the people of Gaza and we will continue to do so as a Government because it something that is very close to our hearts. I am the father of two young children and am acutely aware of what is happening in Gaza. We will do everything possible, every single day, to help and support the victims of Israeli perpetration.”
“Ireland has been a lighthouse internationally in supporting the Palestinian people. We have, as I pointed out, intervened in the case to ensure that Israeli occupation has been deemed illegal through a resolution of the court. We intervened in the South Africa case and supported that very firmly, as requested by the Dáil and my own parliamentary party. We have supported UNRWA and are bringing forward the occupied territories Bill, which is another significant step in terms of Government support. We have moved the dial by first recognising the State of Palestine, a key ask of the Palestinian Authority, and by pushing EU member states to hold Israel to account under the EU-Israel Association Agreement.”
“When I served as Minister of State with responsibility for European affairs, Ireland was one of the very first countries, along with Spain, to put pressure on the EU to try to turn the dial and move on article 2 of the EU-Israel Association Agreement to ensure that Israel is held to account for its human rights violations.”
“I am sure the Deputy is aware that in the case she referenced at the International Court of Justice, Ireland was one of the countries that intervened in that determination to ensure Israeli settlements were deemed to be illegal from the point of view of international law. Our Attorney General went to the Hague to take part in that case. That was one of a number of actions taken by Ireland to hold Israel accountable for its current actions and to support the Palestinian people in the face of the genocide that is happening. As part of that, we have supported UNRWA to the highest level because it is they key mechanism to get aid into the country. We have, along with the international community, supported UN resolution after UN resolution in an effort to change the dial.”
“Ireland does, however, strongly support the promotion of legitimate trade relations with the Palestinian Authority. At EU level, the Interim Association Agreement on Trade and Cooperation sets out the legal basis for relations between the EU and the Palestinian Authority. Ireland strongly supports the deepening of the EU-Palestine bilateral relationship, including in the area of trade, and it is welcome that the first ever meeting of the EU-Palestine high-level political dialogue took place in the margins of the Foreign Affairs Council on 14 April 2025. At this meeting, the European Commission announced a multi-annual comprehensive support programme worth up to €1.6 billion to foster Palestinian recovery and resilience, including a pillar to provide support for the private sector there.”
“I thank the Deputy for the question. The Government’s position and, indeed, that of the EU is clear: settlements are illegal under international law and undermine the realisation of a two-state solution. While decisions regarding the operations of individual companies rest with those companies, a corporate decision to engage in economic and financial activities in settlements poses potentially significant reputational, legal and financial risk. The Government does not maintain a list of companies operating in Ireland that may be trading with or linked to companies located in Israeli settlements in the occupied Palestinian territory. Ireland does not encourage or support in any way economic and financial activities in such settlements. Ireland has not issued any export licences for dual use or other goods in such settlements.”
“There is huge opportunity but there are challenges in terms of getting the innovation and construction that can deliver that. That is what we had in our Department. Our role was to produce Powering Prosperity. It contains 50 actions, which are almost complete, to build up resilience in supply chains. Obviously, our ports will be challenged. I refer to Cork, Foynes and all those areas where we need to ensure we can bring in the infrastructure that will be required as we embark upon this exciting chapter of having a huge amount of green, clean energy which will be important for our future. I thank all the Senators for their contributions and look forward to working with them. I look forward to hearing their views on the action plan for competitiveness and productivity when we publish it.”
“Those are difficult questions to answer but if we are to be taken seriously by those who tender, and in the context of delivering projects, we need to focus the resources we have in Departments on specifically addressing these deficits and going after the key projects that will make a difference and will attract the next big multinational here. That will support the growth in SMEs and close that cycle such that you can have both working hand in glove together, which will be so important. The Minister, Deputy O'Brien, made an announcement regarding trying to progress the designated maritime area plans, DMAPs. That is so important in terms of the trajectory - trying to get to the west coast and getting innovation that will deliver in a challenging environment on the west coast.”
“I thank all nine Senators for their contributions. I appreciate the eight areas Senator Nelson Murray focused on in her contribution. She quite rightly pointed out we have a significant employment in our economy. At this point in time, we have put an additional 90,000 jobs into the economy in the past year. That is and additional 90,000 families with an income. We are trying to improve conditions to allow and give everyone the opportunity to realise their potential. Jobs are the best way forward, particularly high-value jobs in our economy, which we have done a huge amount of work on. Regarding broadband, I will raise the point with the Minister for communications. Much work has been done with our broadband plan. In many rural areas, there are better broadband speeds now than in the heart of Manhattan, but there are challenged areas.”
“The views and experiences of SMEs will help guide the final action plan and inform future Government policy. The global context in which we operate is becoming more complex and more competitive. Recent developments at EU level, especially the publication of the European Commission’s competitiveness compass, reflect a renewed focus across the Union on structural reforms to drive long-term economic dynamism. Ireland must be at the forefront of this agenda. By accelerating the development of our national action plan, we are signalling our determination to act decisively on the levers within our control. Our ambition is clear: to ensure Ireland remains one of the most competitive, innovative and resilient economies in the world.”
“Recent increases in the minimum wage have delivered meaningful improvements for low-paid workers and we will continue to take a balanced and evidence-based approach in future decisions. In that context, I look forward to receiving the Low Pay Commission’s recommendations for 2026 later this year. In support of this work, I also look forward to convening the first meeting of the new cost of business advisory forum on 11 June, which will play a key role in identifying targeted policy and administrative reforms to ease the cost of doing business. This forum will meet regularly over the coming months with a particular focus on the challenges facing small firms, including business taxation, regulatory compliance and administrative overheads.”
“Accelerating the deployment of electricity grid infrastructure by early identification of suitable sites in public ownership is also of vital importance, as is exploring options for development routes to market for zones B, C and D in the south coast DMAP to provide a pathway for future offshore wind energy to meet growing electricity demand. I also want to highlight the important role of wage policy in the wider competitiveness agenda. The Government remains committed to the phased introduction of the living wage and to ensuring fair pay for all workers. At the same time, we are acutely aware of the need to manage this transition in a way that does not compromise employment or the viability of businesses.”
“We are working with colleagues in the Department of the Environment, Climate and Communications to ensure the CRU decision on data centres is published to provide certainty to the industry. We will secure agreement and publish a medium-term action plan to connect large users to the power grid. We will host a joint Government-industry forum on offshore renewable energy to oversee progress on delivery of Ireland’s offshore renewable energy objectives and related economic and competitiveness challenges, get an update on the work under way through the offshore renewable energy task force, identify how best public and private sectors can work together over the coming years on the energy transition, and scope out the role of the proposed climate investment clearing house.”
“Officials are actively working on delivering these outstanding measures. These include expediting the implementation of CETA, and priority work is already under way on other international trade agreements, developing an action plan on market diversification to include an assessment of overseas offices of the State agencies in trade promotion as well as an overview of trade missions which could be expanded. We have more than 180 Enterprise Ireland business advisers based in all major cities around the world. We stand ready to support Irish businesses in breaking into new markets and increasing trade. We are prioritising and accelerating the introduction of security clearance arrangements for exporting firms, subject to the resolution of legal issues.”
“The purpose of this unit is to ensure the needs and issues of small businesses have a dedicated focus and are recognised and acknowledged right across government. The unit will, among other things, focus on rigorously implementing the SME test. Through the SME test, the importance of the think small first principle is being installed across Government. I have had a lot of engagement from colleagues in this area across the House on the small businesses unit ,which will be of great assistance in refocusing our priorities when it comes to supporting our Irish SMEs, which we all know provide the backbone of our rural and regional economies. In addition, work is under way on a broad range of other measures, including international trade promotion, addressing costs and improving energy infrastructure.”
“This strategy was developed in line with the European Chips Act and the EU digital decade and aims to make Ireland a global leader in semiconductors. The strategy is ambitious and is designed to create high-value jobs, secure long-term investment and cement Ireland's role as a critical player in Europe's semiconductor future. I am targeting an additional 34,500 jobs in this sector in the coming years, building on the 20,000 we already have in the Irish economy. The timeframe for implementation of the living wage was extended, as agreed on 15 April, and further changes to statutory sick leave have been halted, keeping our new statutory sick leave at five days, after which the social welfare system kicks in, meaning no worker has a gap in his or her pay. I have established a small business unit within my Department.”
“Emerging themes to be addressed in the action plan include embracing innovation,.scaling up small- and medium-sized enterprises, enhancing infrastructure capacity, stressing regulatory efficiency, promoting regional development and bolstering export competitiveness. In addition to measures to be included in the action plan, the Government has approved a suite of short-term measures that I have work on for more immediate implementation where feasible. They aim to deliver early improvements in key areas, particularly those impacting SMEs and the cost of doing business. I am glad to confirm that several of these have already been delivered on. The national semiconductor strategy was brought forward and launched on 19 May.”
“The action plan will also be guided by the forthcoming Ireland's Competitiveness Challenge 2025 report from the National Competitiveness and Productivity Council, which is due to be published in early June. That evidenced-based input will be vital to ensuring that our policy responses are targeted, proportionate and future-facing. The overarching objective of the action plan is to maintain and improve Ireland's position as a s competitive and productive economy capable of withstanding shocks, building on our strengths and developing our indigenous enterprise base while continuing to attract investment and talent from abroad. The action plan will, therefore, contain a set of actionable recommendations with clearly defined implementation timelines and departmental ownership. This will ensure accountability, which is vital.”
“The final action plan will be published as soon as possible thereafter and will be fed directly into the forthcoming Estimates and the budgetary process. The action plan will reflect the whole-of-government approach to domestic drivers of competitiveness, focusing on areas firmly within our national control. Its development has been informed by extensive consultation across Government Departments and with external stakeholders. My Department has already undertaken a series of bilateral engagements with key Government partners, including in the areas of infrastructure, housing, research and innovation. This discussion will continue in the weeks ahead alongside broader stakeholder engagement and public consultation.”
“As Senators will be aware, the programme for Government includes a commitment to develop an action plan on competitiveness and productivity which will play a key role in safeguarding our competitiveness performance in to the future. In response to the challenges facing Ireland's enterprise base, including small indigenous firms and multinationals, I was of the firm belief that we should have no delays in working on this important plan. I secured Government approval to expedite the delivery of the action plan last month. I am currently working on a draft of the action plan and it will be brought to Government Ministers for discussion at a dedicated competitiveness summit to be held in July.”
“Ireland was ranked as the fourth most competitive country in the world in the IMD world competitive ranking and was first in the eurozone area. This finding was confirmed in the recent assessment by the National Competitiveness and Productivity Council. However, we cannot become complacent and there remains work to do in many areas. Despite our strong international performance, we are aware that there are significant challenges and it is important that we do not take our strengths for granted. Now more than ever, it is fundamental that we take action to address long-standing legacy issues as well as emerging threats to our competitiveness performance.”
“I thank the Leas-Chathaoirleach and Members for the opportunity to address the House on the important issue of Ireland's international competitiveness and, in particular, on the approach by the Government to strengthen Ireland's competitiveness and productivity performance. This is my first time addressing the Seanad during this Dáil term and I look forward to working with all colleagues across the House in the coming weeks and months. In a time characterised by a rapid pace of change in the global trading environment and unprecedented economic uncertainty marked by geopolitical tensions, trade disruptions, and sustained inflationary pressures, the ability of our economy to remain agile and resilient is paramount. In general, Ireland's competitive position is quite strong.”
“Most importantly, it will extend access to the insolvency payments scheme to include employees of employers who cease trading without formally winding up their businesses or of sole-trader employers who enter into personal insolvency arrangements. It will deliver a time-limited process for historical deemed insolvent applicants to claim their entitlements. It will ensure that the salary limit applies to all payments from the insolvency payments scheme in the same way, ensuring certainty of outcome and consistency of treatment for all applicants. I look forward to debating the merits of this important Bill and working with Deputies and Senators across both Houses to ensure its swift enactment. I commend this Bill to the House.”
“This includes straightforward application forms, using plain English, and clear, step-by-step assistance. The Bill also provides that a representative such as a trade union or trusted family member can make an application on an employee’s behalf. If the Bill proceeds to enactment, the Government will undertake a communications campaign to ensure people who may be entitled to claim under the new deemed insolvent process are aware of their entitlements and how to access them. In particular, we will focus on those with a historical claim to ensure employees of an informally insolvent employer are not disadvantaged. This Bill will further enhance the protection of employees when their employers become, or are deemed, insolvent.”
“The proposals set out in the Bill represent a careful balance. We have sought to make the process as straightforward as possible for employees, while also ensuring employers who may still be trading are able to participate in the process and taxpayers’ money is protected. While the legislative proposals are quite complex, our objective is to ensure that the process itself will not be. The new deemed insolvent process will be employee-led. This is because no liquidator or similar officer will be appointed to wind up the employer’s business. My officials have worked closely with their counterparts in the Department of Social Protection to ensure the customer journey is as straightforward as possible for employees who need to avail of this new deemed insolvent process.”
“It is rare for a legislative proposal to receive a statement of support without any suggestions from the committee during the pre-legislative scrutiny process. I thank the committee for its consideration. I also flag my intention to bring forward amendments on Committee Stage. These will clarify the extent of the State’s liability to pay certain outstanding pension contributions, where both the employer and defined benefit pension scheme are insolvent. They will also clarify the protection of outstanding contributions to the new auto-enrolment retirement savings scheme when an employer is insolvent. Part 2 of the Bill will complete the proper transposition of the directive. This Part reflects the recommendations of an interdepartmental working group which examined the issue in 2023.”
“Section 12 amends section 11 of the 1984 Act by allowing the Minister to vary, by order, the number of weeks an employer has to pay an employee the moneys owed, before the deemed insolvent process can commence. Part 3 contains one section, section 13, which amends the Employment Equality Act 1998. This change ensures awards of the Circuit Court for gender discrimination are covered by the scheme. This corrects a 2015 amendment that inadvertently omitted such awards from the scheme’s scope. The Bill is quite complex and technical. Deputies will appreciate it will deliver an important change to how the State protects employees. I draw Deputies' attention to a number of important points. I welcome the support of the joint committee in the previous Dáil for the Bill during the pre-legislative scrutiny process.”
“This change will ensure that all applicants are treated consistently. Minor differences in the wording of adjudications for employees receiving similar awards in comparable situations will not give rise to significant differences in their entitlements under the scheme. Section 8 makes some technical changes to section 7 of the 1984 Act relating to applications for payment of outstanding pension contributions. Section 9 amends section 8 of the 1984 Act to allow the Minister to request certain information from an employee applicant to assist in deciding an application. Section 10 amends section 9 of the 1984 Act by specifying that certain decisions are not appealable to the Workplace Relations Commission, WRC. Section 11 is a technical amendment to section 10 of the 1984 Act to reflect other changes made in the Bill.”
“My Department will run a comprehensive communications campaign to ensure affected employees are aware of this process. The new section 4G sets out how notices under this Bill are to be served on employers. The new section 4H sets out how personal data is to be treated. Section 7 makes changes to section 6 of the 1984 Act, relating to applications for payment of outstanding pay-related entitlements. These are generally of a technical nature and reflect the specific circumstances of the new deemed insolvency and personal insolvency arrangements. This section will also update how the salary limit is applied to all payments from the scheme. This change gives a statutory basis for the long-standing practice governing scheme payments, which was found to be ultra vires in the Court of Appeal judgment in the Brady case.”
“Section 4F deals with a historical deemed insolvency process. This is a particularly important section. It ensures employees of employers who ceased trading without formally winding up before the Bill's commencement are not disadvantaged by the previously incomplete transposition of the directive. This covers historical cases where employees were owed money but their employers failed to formally wind up their businesses. It relates to claims spanning from the original directive transposition date, October 1983, to the commencement of this legislation. The historical deemed insolvent process will be open for two years following the legislation's commencement. A further extension of two years is possible in exceptional circumstances outside the employee’s control.”
“Section 4B allows an employee to apply to the Minister to have their employer deemed insolvent if they have not received their money after eight weeks. It also provides for the automatic stop of the process if the employer is already insolvent. Section 4C requires the Minister to notify the employer where an application to deem them insolvent has been made. The employer has four weeks to respond if they want to engage with the process. Section 4D permits an employer to respond to the application to deem them insolvent and to request further information from the Minister on the application. Section 4E sets out the process for the Minister to follow when deeming an employer insolvent, or not, as the case may be. It also provides that a finding of deemed insolvency does not mean the employer is insolvent for any other purpose.”
“It also amends the principal Act’s definition of insolvency in two ways. It now includes the new process for deemed insolvency and, for claims arising before the Bill comes into effect, a process for historical deemed insolvency. It also includes an employer who enters into an insolvency arrangement within the meaning of the Personal Insolvency Act 2012. These insolvency arrangements were introduced as an alternative to bankruptcy. Section 5 updates how the date of insolvency is defined in the principal Act for these new types of insolvency. Section 6 inserts eight new sections, sections 4A to 4H, into the 1984 Act. Section 4A allows an employee to serve written notice on their employer seeking payment of moneys owed. This starts the process for deemed insolvency.”
“In such cases, an employee still has rights to pursue the employer through the Workplace Relations Commission or the courts. I will now outline the main provisions of the Bill. The Bill consists of 13 sections, divided into three Parts. An explanatory memorandum has been published and provides a summary of the provisions. Part 1 deals with preliminary and general matters. Sections 1 and 2 set out the Short Title of the Bill, commencement provisions and necessary definitions. Section 3 provides for a transitional provision for claims already in progress at the time of the Bill’s commencement. Part 2 amends the Protection of Employees (Employers' Insolvency) Act 1984, which is defined as the principal Act. Section 4 inserts new definitions and updates other standard definitions in the principal Act.”