asked the Minister for Industry and Commerce if any representations (oral or written) were made to him in reference to the affairs of Irish Estates Limited by any person prior to the 7th March, 1962; and, if so, by whom and on what date.
Ceisteanna—Questions. Oral Answers. - Irish Estates Limited.
18.
The only representations which I have received about this matter were contained in a circular letter dated 23rd February 1962, copies of which appear to have been sent to a number of Deputies.
19.
asked the Minister for Industry and Commerce if in relation to the investigation into the affairs of Irish Estates Limited he will state (1) whether he has yet appointed an inspector, (2) if so, whom, and what are his qualifications, (3) if not, whether he proposes to appoint one or more inspectors, (4) whether he or they will be civil servants, (5) whether the investigation will be held in public, (6) who will be permitted to appear before, and make submissions to, such inspector or inspectors, (7) whether any such person so appearing will be entitled to adduce evidence and, in person or by counsel or solicitor, cross-examine the officers of the company, and (8) generally if he will indicate the procedure that will be followed in such investigation.
As regards items (1) to (4) of the question, I have not yet appointed an inspector but I hope to make an announcement shortly. I can say at this stage, however, that a civil servant will not be appointed.
As regards items (5) to (8), I would direct the Deputy's attention to the provisions of section 109 of the Companies (Consolidation) Act, 1908, which indicates that my function is merely to appoint the inspector who then carries out the investigation to the best of his ability in such manner as he thinks fit. It is the duty of all officers and agents of the company to produce to the inspector all books and documents in their custody or power. Furthermore, the inspector may examine on oath the officers and agents of the company and may administer oaths accordingly. There is, however, nothing in the section to suggest that the investigation should be conducted on the lines of a public tribunal and in practice, these investigations have always been private.
Has the Minister taken any decision as to whether he is going to appoint one or two inspectors?
I have decided to appoint more than one.
The Minister has?
Yes.
Does the Act under which the Minister has power to appoint these inspectors mention anything about the publication of the report of the inspector or inspectors?
It mentions nothing about publication but it contains a provision that the report is to be given to the company in respect of which the investigation is being made, and to the applicants for the investigation.
And to the Minister.
And to the Minister.
Is it possible from what the Minister has said that those who will be appointed as inspectors may determine on their own volition and without reference to the Minister whether the enquiry will be a private one or a public one? Is there nothing to prevent inspectors making the enquiry a public one?
There is nothing in the section under which I am empowered to make this appointment indicating whether it is public or private. The practice has been to have these enquiries in private.
The inspectors will get no direction to hold it in private?
They will get no direction from me.
The Minister says he is going to appoint more than one. Does that mean three?
I propose to appoint two and that is in accordance with practice.
What happens if they disagree?
I am sure they will agree.