Vol. 506 No. 5
20 Mrs. Owen asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will give an up-to-date report on all the investigations being carried out by inspectors or otherwise in her Department; the reason many of these reports are taking so long to complete; if the DPP has recommended prosecutions arising out of any of these reports; and if she will make a statement on the matter. [16028/99]
My Department's work in examining the books and documents of six companies under section 19 of the Companies Act, 1990, is substantially completed, and a number of reports are now being prepared by the authorised officer. I expect to receive final reports on many of these investigations over the summer period. The companies involved are Ansbacher (Cayman) Limited, Celtic Helicopters Limited, Guinness and Mahon (Ireland) Limited, Hamilton Ross Company Limited, Irish Intercontinental Bank Limited and Kentford Securities Limited. The time being taken to complete these reports is due primarily to the volume of documentation involved and the need to obtain legal advice on a number of issues.
In addition, I have appointed an authorised officer to a further three companies. In the cases of Dunnes Stores Ireland Company and Dunnes Stores (ILAC Centre) Limited, I am awaiting the outcome of High Court judicial review proceedings of my decision. In relation to College Trustees Limited, I hope the officer will be given the books and documents that he has specified in the near future. It is not possible to speculate now on when these three reports might be completed.
Four completed reports have already been referred by me to the DPP, and while my Department is available to assist in clarifying any matters in relation to these reports, I do not have any information on what decisions, if any, the DPP has made. The reports in question relate to Bula Resources (Holdings) plc, National Irish Bank Financial Services Ltd, Garuda Ltd and Faxhill Homes Ltd.
While the inquiries into National Irish Bank Ltd and National Irish Bank Financial Services Ltd were initiated at my request under section 8 of the Companies Act, 1990, they are proceeding under the auspices of the High Court. While the inspectors appointed by the court have filed a number of interim reports since their appointment, I expect that it will be some time yet before they will be ready to submit their final report to the High Court. The delay in these cases has been substantially due to the problems caused for the inspectors' work by a number of legal difficulties which have now been resolved by decisions of the High Court.
Does the Tánaiste share my frustration and, I am sure, that of many people at the length of time it is taking to bring these inquiries to an end? Her reply to a question I tabled on 12 May is almost word for word the same as her reply today, six weeks later. She said on 12 May that she understood that, in the case of Bula and National Irish Bank Financial Services, the DPP had referred the matters to the Garda Síochána for investigation. Can she give any indication of how advanced the Garda investigation is? Are the Garda about to make any charges or bring anyone to court?
On a number of occasions I have expressed my frustration with the length of time these inquiries are taking. However, as the Deputy knows, the volume of documentation and the number of people involved in these investigations is as great and greater, in some cases, than the number being investigated by two tribunals of inquiry. We know how long it has taken those tribunals to reach their current position. There were several legal challenges to the appointment of these officers. The officers in question have been working full-time on these inquiries for a considerable length of time.
From my point of view the inquiries are virtually completed and the authorised officer is currently drafting his final report for submission to me. When I get that report I will decide what should happen next.
The DPP is an independent office holder. Therefore, he does not report to me or anyone else on what he has done in relation to the reports which have been referred to him.
As I told the Deputy previously, the Bula Resources (Holdings) plc and National Irish Bank Financial Services Ltd reports have been referred to the Garda Síochána. It is not a matter for me to inquire of the Garda Síochána what progress it has made. I assume the Deputy, as a former Minister for Justice, knows that would not be appropriate. There are also actions open to the Minister in relation to many of these issues.
The Deputy will find that, when the final reports emerge over the summer period, decisions will be taken to advance these cases further. Due to the number of people involved, the number of legal representations made, the number of challenges to the appointment of these officers and the volume of documentation to be examined – dating back in some cases over 20 years – these inquiries are taking a considerable length of time. However, I am more than happy with the progress that has been made and with the diligent manner in which the officers in question have carried out these inquiries.
Does the Tánaiste have any intention of making public any of the reports or findings she has, given her comments over recent months about how shocked, appalled and amazed she has been by the extent of the golden circle? Has she submitted, or has she been requested to submit, any of the information she has gleaned from these investigations to either of the tribunals sitting currently?
As the Deputy is aware, I am precluded under section 21 of the Companies Act from submitting the documentation to anybody. However, I said in the House before that the documentation sent to me was also sent to the two tribunals of inquiry. Much of the documentation they have brought into the public domain was also in the possession of my officers.
In relation to the next stage, it is open to me when I receive the final reports, which I expect to do over the summer period, to seek the appointment by the High Court of an inspector under section 8, which would be a public inquiry for the purpose of what the Deputy is inquiring about. The findings may warrant my doing that. I will have an open mind about that until I see the recommendations in the final reports which are currently being drafted by the officer.
We now move to Question No. 21.
I wish to ask your assistance on a point of order. I tabled a second priority question asking the Tánaiste about her Council of Ministers meeting on the working time directive. I am very angry to find it was transferred to the Minister for Health and Children.
That is not a point of order.
I realise it is not your job but how else can I ask the Tánaiste about her legislation if the question was transferred?
The Deputy knows this is not a matter for the Chair.
It was about the working time directive in the context of junior doctors.
I have called Question No. 21.
How do we ask the Tánaiste about her own responsibilities?
I ask the Deputy to resume her seat.
Perhaps the Tánaiste will take the opportunity to explain—
We must proceed to Question No. 21. The Deputy is being disorderly.
I am trying not to be but I need some answers. It is not good enough for the Tánaiste to shirk her responsibilities by transferring the question to the Minister of Health and Children.
The Deputy is still being disorderly. The Chair has called Question No. 21.
