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

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

Would that proposal also include the fact that if that person - let us suppose it was the CEO of the corporate entity who had responsibility - relied on the fact that it was somebody down the chain who carried out or missed something he or she should not have done or missed that allowed for the activity which is now being prosecuted criminally at a corporate level? Could the CEO rely on that defence or is Mr. Byrne suggesting what the Central Bank has said, which is that it maps out areas of responsibility and, therefore, there is not that defence any more because it is the individual's responsibility to be aware of what is happening below him or her?

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