Enda Kenny (Mayo, Fine Gael) | Oireachtas source

Judge Aylmer made the point the ODCE completely lost sight of the nature and extent of the evidence on guilt and innocence. It completely lost sight of what was involved. The Deputy said there is no robust legislation in place here. In 2014 two gentlemen were convicted for the giving of unlawful financial assistance by Anglo for the purchase of its own shares. In 2016 both of them were convicted for fraudulent trading on foot of a plea of guilty. The second conviction was for failing to maintain a bank register of loans to directors on foot of a plea of guilty. The law in those cases actually worked in respect of white-collar crime. The Deputy mentioned comments made by the then Minister in 2015.

When the current director was appointed in 2012, the investigation of the FitzPatrick case had been completed. It is in the space before the current director was appointed that the judge made his damning comments in regard to the structure and management capacity of the Office of the Director of Corporate Enforcement, ODCE, at that time. I would expect that when Mr. Drennan appears before the Oireachtas committee, he will provide every detail necessary to point out the changes in structure that apply now. The question is whether the ODCE is now fit for purpose or whether we need to clarify where the criminal law kicks in.

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