Dáil Éireann Debate, Wednesday - 4 July 2018
258. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation if all recommendations of the Moriarty tribunal have been implemented; the recommendations that are outstanding; and when they will be implemented. [29040/18]
View answerThe Moriarty Tribunal made a number of recommendations which relate to the responsibilities of a number of Departments.
With regard to matters that fall under my Department's responsibility, the Moriarty Tribunal made two recommendations for changes to company law, as follows:
- That a provision similar to section 172 of the UK Companies Act, 2006 be adopted, together with the adoption of additional implementation or enforcement measures.
- That consideration be given by the Oireachtas, and/or by the Company Law Review Group, to enacting provisions similar to those contained in Part 14 of the UK Companies Act, 2006, governing the control of political donations and expenditure.
The Government considered that provisions contained in Part 5 of the Companies Act, 2014 meet the objectives of the first recommendation. Part 5 introduces, for the first time in codified form, the various common law and statutory duties of company officers. The Companies Act, 2014 was signed into law by President Higgins on 23 December 2014 and it commenced on 1 June 2015.
With regard to the second recommendation above, provisions restricting corporate donations are contained in the Electoral Amendment (Political Funding) Act 2012, which comes within the remit of the Minister for Housing, Planning, Community and Local Government.
