Oireachtas Joint and Select Committees

Tuesday, 5 February 2019

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Companies (Corporate Enforcement Authority) Bill 2018: Discussion

Ms Eadaoin Collins:

Yes, the ODCE is fit for purpose. I believe it has a very strong track record. To put this into context, there were a number of investigations in parallel and there was only one where adverse shortcomings were identified. The office has a good track record in terms of prosecutions. It has a number of high profile prosecutions. There was a lot of activity as well. From 2007 to 2018, more than 1,860 directors were restricted and more than 240 directors were disqualified.

It must be remembered also that the ODCE undertakes a very proportionate approach to company law enforcement in order to free up time in the courts and free up businesses' time where serious breaches of company law are not in question. It undertakes a proportionate regime where it offers advice. It issues directions if the breaches are not very serious. It then moves on to a prosecution or a voluntary undertaking, which has been an activity since 2015, again to free up time in the courts. It has a very good track record in terms of the high profile cases. There are four I could refer to since 2014; I have the details of those available. It is also doing ongoing advocacy work, and it undertakes a good deal of work in restrictions and disqualifications as well.