Oireachtas Joint and Select Committees

Friday, 29 January 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of Companies (Corporate Enforcement Authority) Bill 2018 (Resumed): Department of Enterprise, Trade and Employment

Ms Nina Brennan:

On that point, the Garda actually leads on the going in and searching so it is not necessary to focus on whether the civilians have the powers. As matters stand, I do not think that civilians go in by themselves and do the searches. The application for the search warrant must be made to the District Court and the Garda is responsible for making it. It is something where, again, if it is system-wide it will be picked up by the ODCE. We intend it to become part of company law but if it goes into the criminal justice law we are fine with that and that will cover the searches for the ODCE.

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