Oireachtas Joint and Select Committees

Tuesday, 19 February 2019

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

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

Mr. David Hegarty:

As has been pointed out, the Bill is in six parts. The new powers of the director are primarily in Parts 5 and 6. Part 5 is a civil power relating to an additional ground upon which the director can seek to disqualify an individual under section 819 if he or she fails to hold meetings, AGMs, etc. The other provisions in heads 43, 45 and 46 touch upon the requirement of directors to provide a PPS number to the registrar for verification purposes. That is an additional compliance measure. There is additional security and verification of individual identities when companies file documents with the CRO.

Two of the more significant powers are contained in heads 45 and 46. Head 45 allows for the admissibility of statements from accomplices. Normally, hearsay statements would be inadmissible but head 45 will permit these statements be made admissible. It is based on a Competition and Consumer Protection Commission, CCPC, power and it is normally used in cartel investigations. It is a useful power for us as well. The fourth salient head to which I draw the committee's attention is head 46, which relates to section 787 of the principal Act regarding the power to search and enter premises. I will defer to my colleague, Mr. McGill, in a moment on that aspect because it is more on the forensic side. We have also been in discussion with the Department on various additional matters that could go into the Bill.

I can divide those into three separate categories. There are evidential provisions which could assist us in the gathering of evidence, procedural matters in respect of the conduct of investigations, as well as matters relating to the institutional design of the corporate enforcement authority, CEA. We are discussing those issues with the Department, they are not in the Bill. Some of them may, ultimately, feature in the Bill. Discussions, therefore, have been taking place and they have been subdivided into those three categories concerning what additional material might go into the Bill. The most salient feature, the one that has drawn the most attention, is head 46 regarding search warrant power. Mr. McGill can speak to that aspect.