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Office of the Director of Corporate Enforcement Reports

Dáil Éireann Debate, Thursday - 18 October 2018

Thursday, 18 October 2018

Questions (23, 37)

Maurice Quinlivan

Question:

23. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation when the report on the failings of the Office of the Director of Corporate Enforcement in the trial of a person (details supplied) will be published, having been delivered to her office in July 2017; and if she will make a statement on the matter. [42712/18]

View answer

Mick Wallace

Question:

37. Deputy Mick Wallace asked the Minister for Business, Enterprise and Innovation if consideration has been given to publishing the report produced by the ODCE on its handling of a case (details supplied); if she has considered commissioning an independent report into the ODCE's handing of the case; and if she will make a statement on the matter. [42716/18]

View answer

Written answers

I propose to take Questions Nos. 23 and 37 together.

I, as Minister for Business, Enterprise and Innovation have the statutory power to seek information from the Director of Corporate Enforcement about the performance of the Director’s functions under section 955(1)(a) of the Companies Act 2014. However, this statutory power does not extend to the publication of such information.

The Companies Act 2014 contains strict confidentiality obligations on information in the possession of the Director. There is a public interest in ensuring that ongoing and future investigations are not compromised by the disclosure of details of an individual investigation and the investigative process itself.

However, while it is not possible to publish the report itself, it is intended to publish an account of the investigative shortcomings identified by Judge Aylmer.

The Department sought the advice of the Office of the Attorney General on the account. That advice has been received and the Department has considered it in the context of the finalisation of the account.

It is important that the account is in line with fair procedures, due process and natural justice. These factors must be taken into account in advance of the publication of the account.

It is intended that the account will be published shortly. The purpose of publishing the account is to understand the factors that led to such investigative shortcomings and to take appropriate steps to address them.

These steps include ongoing reform within the Office of the Director of Corporate Enforcement, including ongoing recruitment of specialist expertise and the establishment, as announced by Government last November, of the Office of the Director of Corporate Enforcement as an agency, to provide it with greater autonomy and ensure it is better equipped to investigate increasingly complex breaches of company law. It is expected that the General Scheme of a Bill to give effect to this decision will be considered by Government shortly.

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