Oireachtas Joint and Select Committees
Friday, 22 January 2021
Joint Oireachtas Committee on Jobs, Enterprise and Innovation
General Scheme of Companies (Corporate Enforcement Authority) Bill 2018: Discussion
General Scheme of an Employment Permits (Consolidation and Amendment) Bill
Pre-legislative Scrutiny of the General Scheme of Companies (Corporate Enforcement Authority) Bill 2018: Discussion General Scheme of an Employment Permits (Consolidation and Amendment) Bill
Mr. Conor O'Mahony:
When any company goes into an insolvent liquidation, the liquidator has to report to us. We will review the liquidator's report and any other information available to us in determining whether the directors of that company should face sanction, whether it be restrictions, disqualification or referral to the enforcement side for more serious investigations. We will take all relevant factors into account. If there is evidence that something underhand has been done which appears to us to be irresponsible - there is a lot of jurisprudence which underpins what responsibility and irresponsibility look like - then we will not grant relief in that case, the case will go before the courts and the directors will face restriction. That course of action is open to us but there are things that are possible and permitted under the Companies Acts and not everything that people might be uncomfortable with meets the threshold of every responsibility as defined by the High Court over many years of jurisprudence.
No comments