Debenhams workers legislation
Deputy Boyd Barrett pressed for promised legislation and wider support for Debenhams workers, including a levy-funded compensation fund. The Taoiseach said the Company Law Review Group is examining legislative changes and the Government is seeking additional supports.
It is now, incredibly, day 180 of the Debenhams dispute. The Taoiseach has promised that the Government would legislate to rectify the sort of situation that the Debenhams workers find themselves in. When does he propose to do that? Even if such legislation is enacted, it will not resolve the situation for the Debenhams workers. What proposals are provided for in the legislation that will surround the budget or are to be introduced in the short term to address the situation? The workers have proposed, among other things, that a fund be set up, financed by a levy imposed on companies to pay for redundancy. Given the failure of successive Governments to legislate for the Duffy Cahill report, why does the Government not take up the Debenhams workers' proposal and put some money into that fund in order that the Debenhams workers can get their two plus two, which can be paid for by the future contributions of employers who should, as a legal requirement, have to pay a levy into a redundancy fund?
Comment on this
The Tánaiste has asked the Company Law Review Group to examine changes to legislation not just along the lines of the Duffy Cahill report but also with regard to stronger parity for collective agreements with others in any liquidations. The bottom line is that this is a liquidation. Incidentally, it is not clear that the application of the recommendations in the Duffy Cahill report in all instances would have resolved the issues relating to Debenhams. The Government continues to examine what it can do to support the workers and to try to get something additional to the statutory payments it will make. However, it has been very challenging, and I acknowledge that it has been difficult for the workers, in particular.
Regarding the idea of the fund that has been loosely articulated, ICTU has been in contact on this and people are genuinely trying to find a formula whereby something can be developed. However, there is a big issue with what the Deputy has suggested. Is he suggesting that every good employer who honours agreements will be left paying for those who deliberately - I am not saying this is the case here, but others have done so - evaded their responsibilities and obligations to workers? That is letting the honest people pick up the tab. There is a challenge and moral hazard there. If that is put into legislation, it could become a charter for cowboys across the country.