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. Tom O'Malley:

There was such a provision in the Intoxicating Liquor Act which I think is still in place. When a pub was found to be serving alcohol to under-age persons, there was a requirement that it be closed for a certain number of days and a notice had to be placed on the door to that effect. The Senator referred to the penalty when a company or other enterprise was found guilty of a specific offence and asked whether it would be more effective if the entity had to close. Although we did not focus on penalties in the report, given that we were more concerned with large-scale corporate crime, I would not for one moment diminish the significance of hotels, guest houses and restaurants which are usually incorporated engaging in crime that might harm individuals through not abiding by health and safety or hygiene rules, for example, which are important and the breaching of which could cause considerable harm.

It is the kind of matter that could be considered in a broader context of how to penalise certain kinds of regulatory breaches.

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