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Office of the Director of Corporate Enforcement

Dáil Éireann Debate, Tuesday - 30 May 2017

Tuesday, 30 May 2017

Questions (645, 646)

Niall Collins

Question:

645. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation her views on a matter (details supplied) following the judges' comments regarding the conduct of the investigation by the Office of the Director of Corporate Enforcement. [25921/17]

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Niall Collins

Question:

646. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if she will invoke section 955 of the Companies Act 2014 which empowers her to seek a report on a matter from the ODCE or when requested to account to a committee of the Houses of the Oireachtas following the collapse of a trial (details supplied). [25922/17]

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Written answers

I propose to take Questions Nos. 645 and 646 together.

The investigative shortcomings of the Office of the Director of Corporate Enforcement (ODCE) identified by Judge John Aylmer in this case are unacceptable. They fell far short of the standard impartial, unbiased and thorough investigation we expect and demand.

I have written to the Director of Corporate Enforcement on Wednesday May 24, requesting a report under section 955(1)(a) of the Companies Act 2014.  This report is to outline issues arising from the investigations by the ODCE into Anglo Irish Bank since 2008. In particular, I have ordered that the report include an explanation of the following:

- the coaching of witness statements;

- late disclosure of documents;

- a perceived bias by ODCE investigators;

- the shredding of documents; and

- any other relevant matters.

I expect this report to be finalised as a matter of urgency and no later than June 23rd. I have already stated in this House that I will consider all options to ensure mistakes of this nature cannot reoccur. This includes procedures, organisational change, enhanced powers, legislative solutions or an entirely new model.

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