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:

It is no different because by definition, if we are sending a file to the DPP, it is a criminal investigation file. What is likely to be different is that, given the nature of that broad white-collar category, a great volume of the material that we would ordinarily obtain through whatever course in an investigation of that nature is documentary based, either in hard copies or electronic copies, whatever the case may be. We can obtain that by production orders, which is a statutory order we serve on individuals. A search can be executed as well. That can be supplemented by witness statements and various other information and evidence that has been accumulated. It is all brought together in the same way as any other investigative file. We pull together what we have and then we generally have recommendations on the front based on the evidence we have identified before us. We make recommendations to the DPP and thereafter, it is entirely a matter for that office. In the normal course, particularly in the larger investigations, it engages counsel to provide advices on proofs and so on. It identifies its particular issues with meeting ingredients of particular offences and whether it needs to come back to us for further statements, or whatever the case may be, and then it ultimately will make the decision on whether it is appropriate to direct charges on indictment.

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