DUP MEP Jim Allister QC, following representations on behalf of the former employees of Richardson's fertilisers in Belfast, has taken up their loss of full pension entitlement with the EU Commission, believing that EU law imposes obligations which have not been met by either the UK or Dublin Governments.
Mr Allister explained, "Under Article 8 of EC Directive 987 of 1980 member states are required to guarantee the payment of employees’ outstanding claims, including pensions in the event of insolvency. In this case neither the UK Government, as the Government of the affected employees nor the Government of the Republic of Ireland, as the majority shareholder in IFI, the employer, has honoured these obligations. I have therefore brought the matter to the attention of the EU Commission through a priority written question"
Mr Allister continued, "I also believe the Dublin Government should be in further difficulties in the context of EU Law. As a Government it is not permitted to discriminate against employees on the basis of Nationality. That is a fundamental principle of EU Citizenship. Yet as the majority shareholder in IFI the Dublin Government has openly indulged in differing treatment of employees of IFI, which can only be explained on grounds of Citizenship. The employees of the two IFI plants closed in the Republic have had their full pension requirements honoured, while the employees in Belfast have seen their pension entitlements devastated in consequence of the insolvency. I want to know from the European Commission if it is prepared to tolerate this apparent discrimination against British workers by the Dublin Government."
Speaking from Strasbourg Mr Allister continued, “The Belfast workers have been treated most shabbily. Having given years of loyal service, they now find they are facing grave financial loss in terms of their pensions. I am determined to ensure that any steps which can be taken in Europe to help them will be taken. Hence the priority question which I have tabled as a first step”.
The terms of Mr Allister's question are as follows;
Having regard to;
1) The closure, on foot of insolvency, of the IFI factory in Belfast in November 2002, in which the majority shareholder was the Government of the Republic of Ireland
2) The requirements of Article 8 of EC Directive 80/987 for member states to guarantee payment of employees’ outstanding claims, including pensions, in the event of Insolvency
3) The failure to date of either the UK Government, as the member state where the said employees worked, or the Republic of Ireland, as the majority shareholder in the employing company, to guarantee pension payments to former employees at the Belfast Plant
4) The citizenship rights of EU citizens and the prohibition on member states discriminating against individuals in terms of Nationality, and the fact that former employees of IFI who worked at Plants in the Republic of Ireland have had their full pension rights guaranteed, yet the majority shareholder, the Government of the Republic of Ireland, refuses to afford parity of treatment to the employees at the Belfast Plant in the United Kingdom
5) The status of pension entitlement as property and the citizen's right to property, as protected by the European Convention of Human Rights
Will the Commission investigate the plight of the former employees of the Belfast Plant of IFI, whose pension entitlements have not been honoured, and take appropriate action to require the Governance of the UK and the Republic of Ireland to meet their respective obligations under EU Law?
