Rose Conway-Walsh demands protections for Fastways workers

Minister, last month one of Ireland's largest delivery companies went into receivership, leaving 300 direct employees jobs at risk and impacting a further 600 plus jobs, including subcontractors, franchisees and seasonal workers. These workers have been left in limbo and still technically employed by Fastways, but no longer getting paid. I want to ask you today, Minister, what protections your department will install for workers to prevent that situation that occurred in Fastway being replicated in other companies, whereby workers and subcontractors are left without any form of income for prolonged periods? Thank you very much, Deputy, for this very important question. Firstly, my thoughts are with all those affected by the receivership and all their families, because it is a very difficult time and a very uncertain time, which I know. And I also know the news can be very distressing for all those involved. Receivership is a long-standing legal mechanism for the enforcement of a security. Usually in Ireland, a receiver is an individual appointed by a lender, such as a bank, to take control of a company or an individual's assets that reuse the security for a loan. In general, a receiver's primary function is to secure the assets of the company, which has been mortgaged or charged in favour of the security holder who appointed him or her and realised those assets so that the secured creditor's debt is repaid as quickly and as efficiently as possible. Receivers are independent in the exercise of their functions, and they cannot intervene in such matters. Where employees are affected by receivership, Government works in a coordinated way to assist with income supports and employment and training opportunities for those affected. I received a collective redundancy notification from the receivers of Nervian Group on 31st October 2025. I understand the receivers are currently undertaking a 30-day consultation with employees' representatives as required by law. It is important to note that there is no specific statutory restriction on employees from taking up additional employment during the consultation period in circumstances where they are not expected to attend the workplace. Provided they do not resign from the current employment, there should be no obstacle to them retaining their statutory redundancy entitlements. Where their employer has become insolvent, employees' entitlements are protected under the Redundancy Payment Scheme and Redundancy Act. This scheme guarantees employees' statutory redundancy payments and certain wage-related entitlements, such as arrears of wages and minimum notice. The receiver is responsible for applying under the Redundancy and Insolvency Payment Scheme on the employee's behalf. Processing of these claims cannot occur until the determination of the employment has taken place after the 30-day consultation period concludes. Following the completion of the 30-day consultation process, employees may apply for job-pay-related benefit or job-seekers allowance if their employment ends. Employees in need of immediate financial assistance should visit their local intro centre or social welfare branch office, where an application for an urgent needs payment can be processed as a high priority. Thanks, Minister. Deputy. Thank you, Minister. Now, Minister, I know that the discussions we're having here obviously overlap with the Minister for Social Protection as well. And I think in these situations it's very important that there is, you know, tight communication between both departments to put in emergency services. I know you say that people can go to their intro offices, but in these situations I think it's important that there is dedicated personnel that are available to people to answer all the queries because a huge shock that comes with this that leaves hundreds of families devastated when they get a receivership announcement. I think there's a lot of confusion. And particularly what workers and subcontractors were trying to find out was, would any of those payments that you cited there, would they then impact on their redundancy? And they would need that in written confirmation because what they don't want is to find months down the line that they have taken something that has then jeopardised them. So I think that's hugely important. It's how we can protect those workers from prolonged periods without income when their employers enter receivership. Thank you, Minister. Thank you, Cahirlach. And I've also been in contact with the Department of Social Protection on a constant basis in relation to this issue to ensure that employees are supported. We've also been in touch with the Revenue Commissioner, particularly for those who are self-employed and LinkedIn. And I'm very clear in terms of the approach that the Revenue are taking will be a very understanding one, considering the stress of cash flow when you get news like this or a company comes and closes urgently. But obviously for those protections, once the employee does not resign from their post, the key thing is that the redundancy is protected. And obviously I'm obliged under the EU Collective Redundancy Directive, it's very clear in terms of the consultation period, that essentially that has to partake first before other supports can be given. But we have the urgent need support from Social Protection, which will be available to employees, to assist them. There's a lot of judicial precedent around that particular directive, particularly in Luxembourg, where a number of cases were taken to ensure that ministers are unable to intervene in that 30-day period. So we are really bound by that, but we're working very closely with employees, with their families, and any support we can give will be forthcoming. And particularly for the future too, because we have to ensure that there's a huge opportunity in the economy for their future, to future-proof their families and get additional income at a very difficult time, which is very concerning for families, but we are there to support them. I think it would be very useful, Minister, if you and the Minister for Social Protection would draw up a definitive list of actions and supports and that. And I'll work with you in doing this, so that if this situation happens again, we have something to present, almost a pact to present to workers, to say the do's and don'ts or what they're allowed to do, so that people have clarity around that. And I'm asking you to consider a number of measures to strengthen worker protection in similar circumstances. The first one of that would be enhanced oversight of franchising and subcontracting models, because many of these arrangements blur the line between employment and self-employment, and we need clear legal definitions and enforcement to ensure that people doing the work are afforded the rights and protections of workers, including redundancy notice, holiday entitlements, and even where corporate structures try to say otherwise. So I think that's critically important. Thank you very much, Minister. Minister, we also have to remember that there's workers all over the country impacted by this, in my own constituency and other constituencies. Thank you. Minister, I know my own town in Mullingar, there was a depot for FASFA where a number of workers are affected too, and my thoughts are with them. I'm really pointing out that government is here to support you, is here to work with you under the current framework. And I do note there are significant challenges, as I've pointed out, in terms of the 30-day consultation period, but it is there to protect workers. And any holiday pay wages that are accruing there will be paid, obviously, then by the receiver. It's up to the receiver to take details from the self-employed as well, particularly proof of invoices, et cetera, which is very important for payment of workers later on down the line. And we have been in very close contact with families, with the representatives, with the Department of Social Protection, happy to receive any further ideas in terms of how we do and deal with these matters in the future. There is a lot of legislation there at the moment to protect workers in this regard. And if there are any allegations of any other activity with the Corporate Enforcement Authority, and obviously on Gardaí, who also stand ready to investigate, should any issues be raised with them as well. Thank you, Minister. Deputy Charles Ward.