Dáil Éireann díospóireacht -
Tuesday, 30 May 1995

Vol. 453 No. 6

Written Answers. - Appointment of Inspectors.

Eamon Walsh

Ceist:

116 Mr. E. Walsh asked the Minister for Enterprise and Employment the reason he has never applied to the courts for the appointment of inspectors to investigate the affairs of beef processing companies, having regard to the investigation into a company (details supplied) where no taxpayers money was involved and where the amount was only in the region of £1 million; if he will now apply for the appointment of an inspector or inspectors given the evidence in a recent court case of the shredding of documents on the basis of tip-offs from the Department of Agriculture, Food and Forestry; his views on the fact that inspectors have not been sent into some beef processing companies; and if he will make a statement on the matter. [9713/95]

Minister for Enterprise and Employment (Mr. R. Bruton)

Various independent and regulatory authorities have an interest in the general area raised by the Deputy. They also have the capability to employ inspectors and take action as necessary under various statutory provisions.

I propose to deal with the relevant provisions of the company law code. The decision to petition the High Court to instigate a company law investigation into the affairs of CountyGlen plc following preliminary investigation by my Department of shareholder complaints, was prompted by company law concerns. The results of that inquiry proved it to be fully justified.

In relation to the company law code each case where there are concerns of a possible breach would be carefully considered in the light of its particular features. It would appear that the Deputy's question arises from my reply to his earlier question on 25 April 1995, Question No. 226 at volume 451, No. 8, columns 1884-5. No investigations were formally sought under section 7 or 8 of the Companies Act, 1990, during the years 1990 to 1994 into the affairs of any beef processing companies.

The Government, following resolutions of the Dáil and Seanad, established the Tribunal of Inquiry into the Beef Processing Industry in May 1991 and the report of that extensive factfinding exercise in July 1994 was published by the then Minister for Agriculture, Food and Forestry, Pn 1007. The tribunal dealt exhaustively and comprehensively with the various allegations made by Dáil Deputies and others. It determined on a variety of matters and made a series of recommendations.

I am advised that the 904-page tribunal report was referred by the Minister for Agriculture, Food and Forestry to the Director of Public Prosecutions for such actions as might be considered appropriate. The director is independent in the performance of his duties and I would expect that, in that process, he is giving due attention to the results of the inquiries.

It is also the case that one major group of beef processing companies had been subject to further detailed inquiry — under the aegis of the courts — by the examiner appointed in August 1990 under the provisions of the Companies (Amendment) Act, 1990.

As regards the Deputy's reference to alleged tip-offs and the shredding of documents, this would appear to be a matter primarily for the Minister for Agriculture, Food and Forestry in this case. It would seem that this matter arose in the course of prosecutions taken for fraud by senior management at a particular meat plant to which the Minister for Justice adverted in reply to the Deputy's question on 25 April 1995. Question No. 193 at volume 451, No. 8, columns 1858-9.