Oireachtas Joint and Select Committees

Tuesday, 19 February 2019

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Companies (Corporate Enforcement Authority) Bill 2018: Discussion

Mr. Ian Drennan:

When we are effecting arrests and detentions and so on, there is ongoing liaison with whatever station is concerned because when someone is arrested he or she must be brought to a station, so that is all done in advance.

The last point the Deputy raised was around the ODCE versus the DPP. It is important to make the distinction that no more than An Garda Síochána, we are an investigative body. The DPP is entirely independent and decides whether charges should be directed. It is entirely independent and while we have a good working relationship with the Office of the Director of Public Prosecutions, it is nevertheless the case that we each respect each other's independence. The Deputy's question in effect was whether the DPP should be taking a greater role if I understood it correctly. That would probably be inconsistent with our role and with that of the DPP because there has to be clear blue water between us. We do the investigation and submit the file to the DPP, whereupon it decides, based on the evidence before it, whether there is a sufficient case to direct charges against an individual.

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