Minister’s case against firm of insulators is dismissed

A CASE of employing foreign nationals without correct permits that was taken by the Minister for Business, Enterprise and Innovation against a Kerry firm was thrown out at Listowel District Court on Thursday.

The case was dismissed after an inspector appointed by the Minister informed the Court that the two foreign nationals it alleged were employed by Quilter Insulation, Irremore, Lixnaw, without permits were not in fact employed there on the December 4, 2017, the date of an inspection carried out at the firm’s offices. The Court also heard that the foreign nationals each had PRSI numbers and were registered in the Irish system.

Inspector Martina Coghlan told the Court that the issue came to light when she was inspecting the company’s books on the date, furnishing copies of time sheets as evidence.

She said that she formed her opinion the two Brazilian nationals were not permitted to work or reside in the country on foot of documentation from the Department of Justice: “The onus is on the employer to ensure that all employees are permitted to work and reside in the country.” But of the two Brazilians who were employed alongside two other, Irish, employees of Quilter Insulation, she said ‘they did not have a right to reside or work in the country’.

Solicitor for Quilter Insulation Charlie O’Connor said the pair had PRSI numbers and other registration details. He asked Ms Coghlan if they were there when she inspected the firm. She said they were not.

‘So they weren’t employed on December 4?’ he asked. ‘No,’ she said. The court heard they had been employed there up until October. The issue of prosecution was that they were employed there on that date.

Judge David Waters dismissed the case as ‘there is no evidence [the Brazilian nationals] were employed by Quilter Insulation on December 4’.