Dáil debates

Tuesday, 4 December 2018

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Departmental Investigations

5:15 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

While the investigation is historical, it is crucial to understand the factors that led to the shortcomings identified by the judge in order that we can take measures to address them. For this reason, after the trial in the case of the DPP v.Sean Fitzpatrick ended in May 2017, the then Minister for Business, Enterprise and Innovation requested a report from the Director of Corporate Enforcement on the investigative failings that led to the result. However, the Attorney General advised that it is not legally possible for the Minister to publish the report under section 956 of the Companies Act. I cannot publish the report because if I do, I will break the law. That is why we are committed to the publication of an account of the shortcomings identified by Judge Aylmer in this particular investigation. That is the most important issue. The account relates to the role of the ODCE and not the role of other parties involved in the case, including the Director of Public Prosecutions, An Garda Síochána, auditors and solicitors. The focus of this account is on moving forward using the learnings from these shortcomings and taking steps to address them as the Government continues with its commitment to ensure that Ireland continues to enjoy its well-deserved reputation as a good place in which to do business.

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