Oireachtas Joint and Select Committees

Wednesday, 15 December 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Companies Registration Office: Discussion

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I welcome members who will participate in today's meeting in line with the current exceptional measures that we must take during the pandemic. Members and all in attendance are asked to exercise personal responsibility in protecting themselves and others in order to reduce the risks of contracting Covid-19. All of the members who are participating will participate in this meeting remotely and from within the Leinster House complex. The only people in the committee room are myself and the secretariat staff. I hope that everybody is keeping well and safe. Members are required to participate remotely from within the Leinster House complex. No apologies have been received today as of yet.

This meeting will consider the role, functions and operations of the Companies Registration Office. Earlier this year the joint committee wrote to the Department of Enterprise, Trade and Employment to seek its reaction to the reports that there were indications of a lack of bona fides in terms of many companies being registered in the State. These reports raised questions about the role of the Companies Registration Office. The Department responded to the committee's inquiry and recently provided an up to date development on the Companies Registration Office. The Companies Registration Office implemented a new approach to assessing risks in this regard on which we would like more clarity. More generally, the Department pointed to the broader provisions and reforms in the area of company legislation.

To provide further insight into these and other issues that relate to the Companies Registration Office I am pleased to welcome Mr. John Newham, Assistant Secretary, and Mr. John Shine, principal officer, Department of Enterprise, Trade and Employment. I also welcome Mr. David McFadden, legal adviser, Companies Registration Office. The Secretary General has written to the committee to point out that the Registrar of Companies is unable to attend today's meeting.

Before we start, I wish to explain some limitations to parliamentary privilege in the practice of the Houses as regards references witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected, pursuant to both the Constitution and statute, by absolute privilege. However, witnesses are giving their evidence remotely from a place outside the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness physically present. The witnesses have already been advised that they may think it is appropriate to take legal advice on this.

Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The opening statements from the Department of Enterprise, Trade and Employment have been circulated to all members. To commence consideration of our matter today, I invite Mr. Newham to make his opening remarks on behalf of the Department.