Oireachtas Joint and Select Committees
Thursday, 26 July 2018
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
Public Private Partnerships - Liquidation of the Carillion Group: National Development Finance Agency and the Department of Public Expenditure and Reform
11:00 am
Mr. Paddy Howard:
In the States, there is legislation that dates back over 100 years where, I think, a performance bond is required to be taken out by the main contractor. Again, different people have different approaches. That does, I take it, give a modicum of support to people. My understanding of that is it is not a completely comprehensive measure.
Ultimately, one will find that whatever measure one tries to put in place will be something like the measure that already exists in the 2013 Act, which requires a subcontractor to announce they have not been paid or words to that effect. Alternatively, one is into a major review of insolvency law, which is beyond my competence. I am just saying that is the position. I do not think one can detach it from that area because that is directly what one is interfering with. In that situation, we would state that it is a matter for another Department because company law is an expertise of its own.
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