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:

There is no doubt that there are people who borrow and then regret it. The focus of the commission is on those who create the context within which the activity takes place. Therefore, our report focuses on the corporate entities which engage in activities through lending or the accounts they publish for people to examine and make decisions on whether to invest in these entities. We focused on the fact that a corporate entity would have much more control over what was taking place than the person who might receive the money. I appreciate that there is an ongoing debate about the extent to which those who borrowed engaged in activity that would be regarded as careless or reckless. In the analysis of reckless borrowing matters are better left to civil law disputes about whether the contract is enforceable. Our focus was certainly on those who were engaged in lending activities-----

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