Oireachtas Joint and Select Committees

Tuesday, 26 February 2019

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement

Mr. Raymond Byrne:

I will answer that question. The two proposals complement each other in that the senior management-type proposal the Central Bank made in the report last July is about the extent to which in a specific situation where responsibility would be attached to a particular officeholder that would also involve personal criminal liability. What the commission would be proposing is something that would complement that, in that where an offence is being committed by the corporate entity - this will certainly be in the context of criminal liability - if it is the case that it can be identified, as Mr. O'Malley said, that a senior person within the organisation was also involved, for example, by failing to take the kinds of precautions that ought to have been put in place and that that contributed to the offence by the corporate entity, then one could also prosecute the senior person. These are complementary proposals.

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