Maurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

I am sharing time with Deputy Pearse Doherty.

I welcome this opportunity to speak on the role of the Office of the Director of Corporate Enforcement and on the shambles of the court case that has just concluded. In relation to the Seán FitzPatrick case, it is clear that the Office of the Director of Corporate Enforcement categorically failed in its mission to encourage adherence to company law and bring to account those who disregard that law. The sheer incompetence shown in this investigation is shocking and totally unacceptable in this day and age. Commonsense informs us that it is not appropriate for anyone to take statements from witnesses except an Garda, or to shred documents in the midst of a criminal trial.

The financial cost of this fiasco will be significant. Leaving aside the price of a nine year investigation, this 127 day failed trial is estimated to have cost €3 million alone. As usual the taxpayer is left cleaning up the mess and picking up the tab. If one thing is guaranteed in this State it is that the taxpayer will be left on the hook.

The loss to the citizens of Ireland is not just financial. This situation also lead to an immeasurable loss of public confidence in politics and the legal system. The State can be bankrupted and banks can collapse and no one is held to account. However, if one does not pay the TV license one can expect the full rigour of the law to be applied. Public opinion is firmly of the belief that criminal law will is applied differently depending on who one is and what his or her worth is. This has to change. People across the country are rightly outraged at the conduct of the recent court case. The shambolic way in which the ODCE has dealt with white collar crime contrasts starkly with so-called welfare fraud. Public taxpayers’ money is currently funding an advertising campaign which follows the usual hard right agenda in its attempt to stigmatise those unfortunately dependant on welfare and not simply the tiny minority who commit fraud.

I look forward to the Government’s similar campaign to tackle white collar crime. Minister Varadkar has defended his recent campaign saying social welfare fraud was a crime which should be punishable. I agree with that, but where is the Government’s campaign against white collar crime? A crime that cost us billions of euro brought this county to the brink of ruin and into years of devastating austerity which has fractured families and whole communities across the State. Everyone agrees that the agency established to investigate corporate crime is clearly not fit for purpose. Surely the Government is to blame for that. The ODCE is under-funded, under-resourced and not given the opportunity to be effective. One has to wonder why this is the case. The chief investigator in the case of the former chairman of Anglo Irish Bank unbelievably had no previous experience and he admitted in evidence that he made many fundamental errors, including the destruction of documents. This occurred in what was anticipated to be one of the most important cases in decades in this country. Given his lack of experience, who appointed him as chief investigator? Who was he accountable to?

In 2005, 2006, and 2007 Fianna Fáil refused requests from the office to increase its workforce by 20 people. The office described its resources as wholly inadequate. The then Taoiseach, Bertie Ahern, dismissed their requests. Fianna Fáil, Fine Gael and Labour have all been in government since this investigation began in 2008, so it is hypocritical of Deputies from these parties to stand here and say more should have been done to avoid this outcome. They had the opportunity in government to tackle white collar crime but they failed to address it and this is the result of their inaction.

My party colleague, Teachta Adams, yesterday reminded the Dáil that the Government spends just over €5 million on the Office of Director of Corporate Enforcement. That is €5 million to investigate white collar crime.It is clear the ODCE was unprepared, under-resourced, without the necessary skill and unable and not fit for purpose for the type of investigation and prosecution it needed to undertake. The Minister said before the Committee on Jobs, Enterprise and Innovation on 21 June last year that she was of the opinion that the ODCE was sufficiently funded. Clearly this is not the case. In light of the serious shortcomings this investigation and court case have highlighted, does the Minister stand by the statement she made? As the ODCE comes under her remit, does she personally take responsibility for this shambles?

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