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Dáil Éireann debate -
Tuesday, 5 Feb 2002

Vol. 547 No. 3

Written Answers. - Companies Act Inquiries.

Derek McDowell

Question:

96 Mr. McDowell asked the Tánaiste and Minister for Enterprise, Trade and Employment the total costs incurred by the State, at the latest date for which figures are available, arising from the various inquiries instigated by or on behalf of her Department; the element of these costs which have been recovered from the other parties involved; and if she will make a statement on the matter. [3338/02]

Donal Carey

Question:

104 Mr. D. Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment the costs incurred in company investigations initiated by or on behalf of her Department since 1997. [3367/02]

Derek McDowell

Question:

108 Mr. McDowell asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding each of the inquiries being carried out by or on behalf of her Department; the projected date for the conclusion of each such investigation; the inquiries in respect of which reports have been referred to the Director of Public Prosecutions; and if she will make a statement on the matter. [3337/02]

I propose to take Questions Nos. 96, 104 and 108 together.

Some 16 investigations into company law related matters have been initiated by me since I came into office. In respect of three of these, the High Court appointed, on an application by me, inspectors under section 8 of the Companies Act, 1990. These three inquiries are continuing. I am not in a position to say when the reports of the High Court inspectors will be completed or published in any of these cases.

One investigation under section 14 of the Companies Act, 1990, was completed in 1998. The report on this has been passed to the Director of Public Prosecutions.

Some 11 investigations were initiated by me under section 19 of the Companies Act, 1990. Four of these have been concluded. Of the four investigations completed, two of the reports were passed to the DPP. The file in one case was returned and a number of summary prosecutions have since been successfully concluded. One report provided an input into the successful application to the High Court for the appointment of inspectors under section 8 while the fourth report was passed to the relevant High Court inspectors.

Five investigations under section 19 are ongoing. Reports in respect of two of these five investigations are at a very advanced stage of completion with the remaining three reports expected to be completed during the course of 2002. Two investigations were held up in legal appeals; certain legal matters are still outstanding. It is a matter for the Director of Corporate Enforcement to decide how to proceed on this investigation.

One investigation was undertaken under section 59 of the Insurance Act, 1989. This report has been completed and referred to the Director of Public Prosecutions as well as to the inspectors undertaking the section investigation into that company.

The costs incurred since 1997 on company investigations initiated by or on behalf of my Department currently amount to €8.25 million. This amount does not include the salary costs of Civil Service staff working on a number of these investigations. Similarly, the major proportion of the legal costs relating to the investigations is being borne by the Vote of the Chief State Solicitor. Most of this €8.25 million derives from the costs to date of the High Court inspectors appointed under section 8.

The question of recovering costs from the section 8 investigations does not arise until such time as the inspectors have completed their investigations. Section 19 as originally enacted did not provide for the recoupment of costs. This has now changed with the enactment of the Company Law Enforcement Act, 2001.
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