Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I agree with Deputy Micheál Martin. Despite all the criticism of and cynicism about politics, at least there is political answerability in the sense that a Minister in charge of something like this would face instant dismissal. The situation is that this person has been acquitted and is not guilty of any offence. As a result, the taxpayer takes up all the costs involved. The indications given by Judge Aylmer are very clear, as the Deputy has pointed out.

The ODCE is a statutory independent body. Its mother Department, the Department of Jobs, Enterprise and Innovation, has no responsibility or power of enforcement. The ODCE takes its own legal advice. There were gardaí attached to the ODCE in the beginning but they were not involved in the way this case was taken. The judge did point out that the most fundamental error was the way in which they went about taking evidence from the auditors of Anglo Irish Bank, who were both from the firm of accountants involved. He said that it was intended that their statements would be taken in the normal way by members of the Garda Síochána who were then attached to the ODCE. Instead, however, the statements were obtained through solicitors from a legal firm.

The ODCE pointed out that it has now undergone substantial organisational change and that it was simply not equipped to undertake parallel investigations on the scale involved. I want to say this: I have not spent the past six years as head of Government and making very difficult decisions only to hear again now the allegation in respect of white-collar crime that people can walk away, that nobody is guilty and that nothing is being done about it.

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