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 Sabha Greene:
The ODCE has many of those powers and will have them under the Bill. One of the recommendations relates to a regulatory enforcement agreement but that is not appropriate to the ODCE because it is not a regulator. It does not have a connection with the companies in respect of which it enforces company law. For example, in the case of the Commission for Energy Regulation there is a licensing or regulatory relationship between the companies and the regulator. There are powers other than those six in the regulatory toolkit, such as the deferred prosecution agreement. As the Senator probably appreciates, those are matters for the Director of Public Prosecutions, DPP, because one would want a centralised approach in that regard. If the powers in the heads of the Bill need some addition or finessing in order to better incorporate the LRC recommendations and the Government is of the view that such changes are required, then, of course, we will make them.