Oireachtas Joint and Select Committees
Thursday, 18 October 2018
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
Governance and Regulation of Receivers: Discussion
9:30 am
Mr. Conan McKenna:
I will let my colleagues from the Department of Business, Enterprise and Innovation answer on the Company Law Review Group. There are a couple of questions. I do not think that anyone can countenance the idea of people arriving in the middle of the night, particularly to residences and people living in houses. One cannot see why there would be a necessity for that in the first place. Sometimes issues are raised about those who accompany receivers or bailiffs or similar, and the behaviour of those particular people. The Department of Justice and Equality is looking pressingly at rendering those who work with receivers or sheriffs in those instances subject to regulation under the Private Security Authority. However, we are not proposing that receivers would come within that because the Private Security Authority obviously licences security people. However, returning to Ms Curley's earlier comment, our understanding is that the vast majority of receivers are themselves regulated professionals and would be subject to complaints about their conduct to their professional bodies, and I am not sure whether that avenue is being used.
If a receiver is a member of a particular accountancy body that is subject to a regulator, as they often are, that is a quite serious avenue of complaint about their behaviour, depending on how misconduct is defined in the legislation or charter governing that complaint system .
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