Mr. Conor Linehan:

It is difficult to identify whether the competent authority would be under the aegis of the Department of Enterprise, Trade and Employment. One could look at the Corporate Enforcement Authority, which is a body traditionally associated with corporate governance. We traditionally know it to be so with regard to the companies legislation and so forth and while there have been obligations under companies legislation to report, which is a soft obligation insofar as necessary on non-financial matters, for some years, there has been very little guidance or observance of it. It is difficult to see the Corporate Enforcement Authority, as it is currently constituted or with its current capabilities, being able to switch rapidly in the next couple of years by which time this directive will come into force.

The competent authority will have to receive complaints from stakeholders, trade unions, whistleblowers and company employees about whether particular companies are meeting their objectives under this. Allegedly not meeting objectives involves investigations into documenting whether there are human rights implications for company activities abroad. It is very difficult to see how that can be dealt with. I cannot identify any body at present that could do it, but there certainly needs to be a coming together of capabilities to discharge the regulatory side of this.