Dáil Éireann Debate, Tuesday - 6 November 2018
468. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of meetings that took place between her Department and the Office of the Director of Corporate Enforcement during the preparation of the prosecution case against a person (details supplied). [44938/18]
View answerSection 949(3) of the Companies Act 2014 provides that the Director of Corporate Enforcement shall be independent in the performance of his functions. The purpose of this provision, and similar provisions in legislation in other areas of law enforcement, is to ensure that the law is enforced without the possibility of interference from any party or the appearance of any such interference.
In line with these provisions, and following a search of Departmental records, I am advised that the Department was not involved in any meetings with the Office of the Director of Corporate Enforcement (ODCE) on the issue of the preparation of the prosecution case.
However, in relation to the resourcing of the investigation, on 16 March 2011, the Secretaries General of the then Department of Enterprise, Trade and Innovation and the then Department of Justice and Law Reform met with the Garda Commissioner and officials from the Office of the Director of Corporate Enforcement. The meeting was arranged to ensure that all appropriate resources were available to the Gardaí and the ODCE to progress their investigations. It was made clear at the meeting that the independence of all the agencies involved in carrying out the investigations was fully respected and there was a clear desire at all levels that nothing would be done which would in any way impinge on that.
It is important to note that it is a matter for the Director of Public Prosecutions as to whether he or she proceeds with the prosecution of a case following the submission of a file from an enforcement body. The preparation of the prosecution case is a matter for the Office of the Director of Public Prosecutions which is independent in the exercise of its functions.
