Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank all Members of Dáil Éireann who contributed to this important debate. We are in unison on the need to enact this legislation to establish the new corporate enforcement authority without further delay. As many Deputies stated, white-collar crime is a menace to society. It has huge consequences, not only economically for citizens but also in terms of the reputational damage it can do internationally.

I do not differentiate between people who break the law. Whether someone wears a suit or a tracksuit, the law is there to protect the common good. If the rich can get away with breaking the law, it undermines the rule of law, as Deputy O'Dea has said. That is not something we can support. We need to be ruthless in how we deal with white-collar crime. For this reason, one of the first actions I took in my area of delegated responsibilities when I took office was to meet the person who will be the director of the new corporate enforcement authority to discuss how we could make this legislation a priority. I am, therefore, glad to be introducing this legislation in the House today. As previous speakers said, it has been promised for some years. We are now discussing it on the floor of the Dáil. This engagement is welcome, as was the pre-legislative scrutiny process in which members of the joint committee fully engaged.

The underlying rationale for establishing the office as an independent statutory agency is to ensure it has the legal and organisational wherewithal to provide for effective corporate enforcement in Ireland. The independence and autonomy that will be afforded the new office will ensure it can hire and recruit the necessary expertise as it sees fit. This process has already started.

I will make two main points on the resources and powers of the new authority, a topic that was raised a couple of times. Resources are key to the success of this transformation. As I said, the director has assessed what he believes will be the requirements of the new authority based on the functions and number and complexity of cases it will handle. The resources now being applied to the new authority are in line with that assessment. As Deputy O'Dea said, while they may be in line with that assessment now, it is important that we keep this matter under review and ensure resources keep pace with developments or any increase in workload the new body may have.

The budget has already been increased by 20% and the Department has approved 14 additional staff to be assigned to the authority. The authority will also require the secondment of additional Garda resources to enable it to deliver its new statutory remit. I am pleased to report that the Garda Commissioner has written to the director very positively in this regard. This will see the complement of seconded Garda resources increase from seven to 16. As I stated in a reply to Deputy Catherine Murphy during oral questions last week, the Garda is in the process of formalising arrangements for the secondment of gardaí to the new body. This is very important. We do not want a repeat of the circumstances where the authority was left waiting for a number of months for the staff it required.

It is important to point out that placing the authority on a statutory footing is a first step. It is not the end of the process but the beginning. The Department will continue to work closely with the new authority to ensure it has the appropriate legislative tools necessary to enhance Ireland's company law framework and undertake modern, complex corporate law enforcement.

The Government continues to work on new measures to tackle economic crime and corruption, in particular through the cross-government implementation plan arising from the report of the Hamilton review group led by the Minister for Justice. The new powers and other enhancements for the new authority are matters that are continuously under review and will be actively considered.

A couple of specific questions were asked of me, one of which was on the publication of names. These sections simply re-enact existing sections of the company law legislation. They are not new and were introduced into the Companies Act 2014 by the Companies (Statutory Audits) Act 2018 in order to transpose the EU statutory audits directive and regulations 2014. It is required by EU rules to have these exemptions to the publication of details.

Non-Garda staff are to be asked to attend interviews. As it stands, pending an amendment to the custody regulations, non-Garda staff from the new agency may not attend interviews of a detained suspect. The implementation plan arising from the Hamilton review group, however, proposes to address this in the context of the forthcoming Garda Síochána powers Bill. We believe this is the most appropriate way to address this issue and it is something we are determined will be addressed. This concurs with, I believe, the point raised by Deputy Catherine Murphy.

The number of members of the authority has been assessed and is deemed proportionate and appropriate in the medium term. However, the scope is there to raise the level up to three. That is comparable to other agencies such as the Competition and Consumer Protection Commission.

Deputy O’Dea asked about procedural changes since 2012. The new director was put in place in 2012. On arrival he carried out a comprehensive review and further professionalised the ODCE in the area of in-house forensic accountancy expertise, in particular, specialised investigation training and an enhanced culture of risk management.

I have already answered on the number of gardaí and I also commented on the detailed arrangements regarding the secondment of members of the Garda.

If there are any other points to which I failed to reply today, we will be bringing this Bill onto Committee Stage and I look forward to engaging with all Members of the Oireachtas at that Stage. From my own personal perspective, I am happy to look at any potential amendments that may arise to ensure that we can strengthen this legislation as far as practically possible. Some of the proposals that emanated from pre-legislative scrutiny, such as the issue of non-Garda staff attending interviews, will be dealt with by way of the Garda Síochána powers Bill. The Hamilton review group proposals also are being implemented but if there are any constructive suggestions that can be made that will enhance this legislation, we will certainly look at them with an open mind.

I do not think that anybody holds a candle to people who commit fraud or white-collar crime. It is wrong and has a huge impact on society from a reputational and economic perspective. It is important that we equip one of the bodies that is charged with the responsibility to tackle this. This legislation is a first step in that process and I look forward to working with all Members of this House, as well as Members of the Seanad, to ensure that we establish a body that is fit for purpose so that individuals who commit white-collar crime and who have managed to escape sanction in the past will not be able to escape such sanction in the future.

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