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 failures identified by Judge Aylmer as it is important that there is an understanding of what happened in this case. Approval of the Court is being sought to publish the official transcripts of the trial and it is intended that the account will be published as soon as possible thereafter.