Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The shortcomings and investigative practices of the ODCE highlighted by Judge John Aylmer in the case of the DPP v. Sean Fitzpatrick are completely unacceptable.  They fell far short of the standard impartial, unbiased and thorough investigation we expect and demand.

My predecessor, the Minister of State at the Department of Education and Skills, Deputy Mitchell O’Connor, wrote to the Director of Corporate Enforcement, Mr. Ian Drennan, on Wednesday, 24 May requesting a report, as Deputy Collins is aware, under section 955(1)(a) of the Companies Act 2014. She asked that the report provide an explanation of issues related to the investigations by the ODCE into Anglo Irish Bank since 2008. These included the issues referred to by the judge and Deputy Collins, including the coaching of witness statements, late disclosure of documents, a perceived bias by ODCE investigators, the shredding of documents, and any other relevant matters. I received the report from the Director of Corporate Enforcement on the day it was due. I thank Mr. Drennan for that.

I have sought advice from the Attorney General on the report. The report sets out the facts relating to the case and does not purport to be an investigation or an inquiry but is solely a review of the facts and will prove very helpful. Upon receipt of advice from the Attorney General, I will be in a better position to determine the next steps.  Action will then be taken to address any shortcomings.  This could include changes in procedure, organisational restructure, enhanced powers, and possibly new legislation. Once the report is published and thoroughly analysed, the direction for the future can be considered in terms of changes that may be necessary on foot of the report.

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