Dáil Éireann díospóireacht -
Tuesday, 12 Mar 1996

Vol. 462 No. 8

Written Answers. - Disqualification Application.

Desmond J. O'Malley

Ceist:

258 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry the reason an application has not been made under the terms of section 160 of the Companies Act, 1990, to the High Court, seeking the disqualification of the directors and senior management in 1990 and 1991 of the Goodman group of companies from acting as directors or managers of any company in this State; and if he will have arrangements made to have the necessary application made in view of the policies and activities of that group of companies as outlined in the beef tribunal report. [5682/96]

Minister for Agriculture, Food and Forestry (Mr. Yates)

There are several circumstances in which an application under section 160 of the Companies Act, 1990, for the disqualification of persons from acting as directors, auditors or from managing companies can be made. The only circumstance in which I as Minister could make such an application would be as a creditor of the particular company.

As of now it has not been established on a legal basis that I am a creditor of the Goodman group of companies but I have sought legal advice as to the options open to me under this Act. Where I have sought specific recoveries in the case of Rathkeale and Shannon Meats, the group is contesting the extent of the proposed recoveries and in the case of Rathkeale proceedings have been issued, and will be issued shortly in the other case.

On 18 October 1995, I wrote to the Director of Public Prosecutions referring to section 160 and the possibility of his taking action against those who may have abused the beef intervention system on the basis of the report of the beef tribunal.

I was informed by the Director of Public Prosecutions that any application by him under section 160 would have to be grounded on evidence and that no such evidence was available to him at the time.