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Seanad
‹ Order of Business

Clerys concessions and worker protections

Summary

The Leader reiterates support for the California victims and says he will raise necessary legislative measures with Ministers, including the position of Clerys concession holders whose funds were held in trust. A proposed Order of Business amendment lapses for lack of a seconder.

Many Members have expressed their deep sympathy on the deaths of the Irish students in California. It must be every parent's worst nightmare to hear that his or her child has been involved in such an horrific accident. Many still do not know whether their loved ones have survived because it is 8 a.m. in California and people are only waking up. I am glad that the Department of Foreign Affairs and Trade has acted by putting a consular crisis team in place to operate on the ground. Obviously, many young people of ours will be distraught when they hear what has happened to their friends and colleagues while they were sleeping. We, rightfully, send our deepest sympathy to everyone who has been affected by this dreadful accident.

Senator Darragh O'Brien, among many Members, mentioned the workers of Clerys. He also referred to the meeting that took place today and said some people had tried to hijack proceedings to capitalise on the misfortune of others.

That is highly regrettable because most, if not all, parties will be doing everything possible to assist the workers. There is no doubt that the treatment of the workers in Clerys, a Dublin institution, as mentioned, has been appalling. The Department of Social Protection has assembled a team to meet and advise the workers on their entitlements to jobseekers' benefits, secondary payments such as rent supplement and future options in seeking alternative employment, training and education. Moreover, I understand arrangements have been made with SIPTU to use Liberty Hall as a venue to meet workers tomorrow. It is intended that this meeting will be an opportunity to provide information for all workers, including those employed by concession holders. The precise format of the meeting has yet to be finalised, as workers may be involved in other meetings in Liberty Hall, but it is likely to involve the Department's team being made available to individuals or small groups on the day, rather than making a large presentation to all workers. This will better facilitate the delivery of specific information and claim-taking, as required. The Department will also advise, as appropriate, on the day on queries arising about redundancy and insolvency for the affected workers.

In addition, the representative of the liquidator has verbally advised the Department of Social Protection that all staff have been made redundant and that P45 forms will issue this week. It is possible that one or two staff members in the payroll area may be retained to assist in the liquidation. I also understand the liquidator will seek, on behalf of workers, payment under the insolvency payment scheme, IPS, in respect of unpaid wages, accrued but untaken leave and in lieu of statutory notice entitlements. It is intended that individual meetings will be held between the liquidator and the workers affected to determine on an individual basis the extent of the liabilities involved. The Department will deal promptly with individual applications submitted under the IPS by the liquidator. It will also ensure jobseeker's benefit claims will not be delayed pending the liquidator resolving individual issues about any leave accrued but untaken. This means that jobseeker's benefit claims can be dealt with quickly, subject to the usual criteria, and reconciled, as required, at a future date. The Department is informing its network of local offices in the greater Dublin area of these developments to ensure claims from affected workers are processed in a speedy and sensitive manner.

I agree with the comments of many Members that if legislation is necessary to give greater protection to workers in these instances, it must be introduced. I refer to people who, like me, have been made redundant and how one only realises the shock experienced at that time when one leasts expects it. I am glad that the Department of Social Protection is doing everything possible to assist staff in claiming their entitlements.

Comment on this

It will not happen to the Leader again. He will not be made redundant here.

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I assure Members that I will certainly bring the matter to the attention of the relevant Ministers to ensure legislation, if necessary, is put in place and ascertain whether such matters can be rectified for the future.

Senator Ivana Bacik also referred to the concession holders at Clerys. That certainly is another important matter because moneys were held in trust by Clerys for the concession holders and obviously there was a contract between them in that regard. While I am sure that matter will be played out between the legal advisers and the liquidator, it must also be addressed.

Senator Ivana Bacik, among other Senators, welcomed the introduction of free GP care for the under-sixes. It is welcome that so many GPs have signed up to the scheme. I hope that by the end of the year all GPs will have signed up to it.

Senator David Norris also raised the issue of Clerys, stating correctly that it was an iconic building in the heart of the city and calling for Gordon Brothers to honour its moral, if not legal, commitments in that regard.

Senators Hildegarde Naughton and Feargal Quinn mentioned the fact that yesterday was world elder abuse awareness day. It is imperative that we all do everything possible at all times to protect the elderly. I note the point Senator Feargal Quinn made in commending Age Action and Ulster Bank for their efforts also.

Senators Labhrás Ó Murchú, Terry Leyden, Paul Coghlan and James Heffernan, among others, referred to the RTE programme, "Collusion". While it was an excellent programme, it was a replay of the Barron report. I sat on the sub-committee for one or two modules, especially the one on the Glenanne gang. We heard testimony from the Reaveys, the survivor of the Miami Showband massacre and many others. It was heart-wrenching listening to the witnesses and the testimony given in the submissions at the time. Nothing in the programme was new to me because it was all part of that module and outlined in the Barron report. This and the previous Government made many representations to the British Government to have the papers involved released and we call on it again today to do so. This House also calls on it to release the papers. In my mind I have no doubt about the collusion involved at the time between loyalist paramilitaries and members of the British services. Likewise, in the murder of Mr. Pat Finucane, while an apology has been made, the Government will continue to press for a public inquiry into his death. I commend RTE for the programme, but, as I said, the vast majority, if not all, of the testimony was contained in the Barron report.

Senator Denis Landy also raised the issue of Clerys and the fact that it was still selling gift vouchers. It is despicable that this issue has not been addressed. It was quick in closing the doors and letting staff go, but it is dreadful that this loophole, whereby gift vouchers are still being sold, was not closed immediately.

Senator Sean D. Barrett referred ti the trustees of the Beit collection. I can say specifically that the foundation did not consult the Minister for Arts, Heritage and Gaeltacht, Deputy Heather Humphreys, in advance of taking the decision. The Minister was informed after the decision had been taken and the export licence had been granted by the National Gallery of Ireland. It is a devolved function. The sale of the paintings was, therefore, presented to the Minister as a fait accompli. The Minister has expressed her concern about art of such high quality leaving the country. She will meet the chairperson of the Alfred Beit Foundation this evening to discuss the matter. I hope that, as a result, we will have more answers about the proposed sale of these wonderful paintings.

Senator Pat O'Neill mentioned planning issues and the need for uniformity in all local authorities. A planning Bill will be brought before the House before the end of the session when I hope these matters will be addressed. I agree that there is a need for greater information for all local authorities in this regard. The Boundary Commission is an independent body. I do not think Waterford will be looking for any hurler from Kilkenny, as I think we have good hurlers in the county.

Senator Marie Moloney referred to the Rape Crisis Network and emphasised that its funding should be protected. There is no doubt that the network does excellent work. I agree that if cuts have been made, the network should be looked at again and have its funding protected.

Senator David Cullinane mentioned the Clerys workers. I have addressed that issue. Suffice it to say legislation to address the issue certainly needs to be put in place. The issue was also raised by Senator Catherine Noone who also mentioned the removal of one and two cent coins, a matter raised some time ago by Senator Feargal Quinn. I think it would b e welcomed. Senator Feargal Quinn made a very important point in terms of rounding up and rounding down and said that overall there would be no loss to the consumer.

Senator Michael Mullins paid tribute to the consular crisis centre in Berkeley. Senator Gerard P. Craughwell and others paid tribute to the Department of Foreign Affairs and Trade for its efforts to date. Senator Michael Mullins also referred to the fact that we had hit a new low in the business practices followed in Clerys.

Senator Marie-Louise O'Donnell referred to the Beit collection. I agree with her comments. I have addressed the matter and hope to receive a reply from the Minister for Arts, Heritage and the Gaeltacht after the deliberations with the chairman of the Alfred Beit Foundation.

Senator Mary Moran referred to the HIQA reports, particularly on St. Mary's in Drumcar. It is excellent that HIQA is highlighting bad practices, practices that were swept under the carpet year after and year. Even though it is dreadful news, it is refreshing that such bad practices are being highlighted by HIQA. The Senator also asked about the Education (Welfare) (Amendment) Bill 2015. I did not receive any notice about taking it and do not think the Senator's proposed amendment has been seconded. Perhaps she might raise the matter again tomorrow when I will have no objection to the Bill being taken.

Senator Paul Bradford said all illegal and terrorist activities in Northern Ireland should be condemned. I agree with the Senator. He complimented Senators Susan O'Keeffe and Fidelma Healy Eames on their efforts in respect of Yeats2015 and the work they were doing in their communities in that regard.

Senator Colm Burke welcomed the fact that a number of GPs had signed up to the free GP care scheme for children aged under six years and highlighted the need to resource GPs properly.

Senator Fidelma Healy Eames also raised the case of the Clerys workers. I think I have assured the Senator that the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Gerald Nash, and the Minister of State at the Department of Social Protection, Deputy Kevin Humphreys, and their senior Ministers are actively involved in assisting the workers.

I will certainly bring the stress-related issues mentioned to the attention of the Minister for Education and Skills.

Senator Terry Brennan also spoke about a number of the items discussed, particularly the case of Mr. Pat Finucane. It is the Government's policy to continue to press the British Government for a full public inquiry into the matter. Senator James Heffernan spoke about the need for full disclosure on loyalist death squads. We all agree with him in that regard.

Senator Martin Conway also discussed issues relating to Clerys and the sale of assets to venture capitalists.

Comment on this
Paddy Burke An Cathaoirleach Fine Gael

Senator Mary Moran has posposed an amendment to the Order of Business: "That No. 13 be taken before No. 1." As it has not been seconded, the amendment lapses.

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