Niall Collins (Limerick County, Fianna Fail)
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3. To ask the Minister for Jobs, Enterprise and Innovation her views on the collapse of a trial (details supplied) following the trial judge's comments regarding the conduct of the investigation by the Office of the Director of Corporate Enforcement, ODCE. [30223/17]

Niall Collins (Limerick County, Fianna Fail)
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I ask for the view of the Minister and the Government on the fallout from the recent trial of Seán FitzPatrick. All members are now aware of how that case ended. Bearing in mind that it was a retrial and in view of the comments made by the presiding judge during the trial and after the verdict, some of which was quite damaging, damning and concerning, notice must be taken of the failings in the case.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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.

Niall Collins (Limerick County, Fianna Fail)
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To recap on the details of the case, it was the longest-running criminal trial in the history of the State, as the Tánaiste is aware. It showed all and sundry how inept the State is in terms of investigating and prosecuting white-collar crime. The majority of the blame must rightly be laid at the door of the ODCE. Equally, an eye must be cast on the actions or inactions of the Garda Síochána and on the Office of the Director of Public Prosecutions, DPP. Other trials are going on every Monday through to Friday. This House will have to consider who holds the Office of the DPP to account in terms of its quality control and throughput, much of which is questionable. I am glad the Tánaiste recognises the seriousness of the comments made by the judge in regard to witness coaching, the shredding of documents and the biased and partisan approach of the ODCE. The Tánaiste said she received the report on the date it was due and it is good that it was delivered in a timely fashion and sets out the facts. I hope it sets out a little more in terms of the role of the professionals involved in the case or the lack of professional involvement. Will the Tánaiste publish the report? How soon can Members expect to have sight of it? It is a huge issue of significant public interest and the public is entitled to know how such a serious case, dealing with events which impacted on the lives of so many people, failed abysmally.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is very important that any action taken is in line with fair procedures, due process and natural justice and with full knowledge. I must be very aware of that. I do not want to take any action that would exacerbate the situation. The rights of persons named in the report would have to be respected and legal advice in respect of publication will have to be obtained. However, my intention is to publish the report and I would like to do so. The Attorney General received the report a couple of days ago when it was received by the Department. I want to give him time to consider the report and carry out any redaction necessary to protect those named in it. However, the Director of Corporate Enforcement was asked for a report of all the facts, which would cover various stakeholders. Deputy Collins mentioned the Garda and the DPP in this regard. The Director of Corporate Enforcement was asked for a factual report, which is what I have received.

4 o’clock

There is some legal work to be done on it. As soon as I have that, I would like to publish the report.

Niall Collins (Limerick County, Fianna Fail)
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The Tánaiste has just left the Department of Justice and Equality and has intricate knowledge of the detail on the Commission on the Future of Policing in Ireland and the body of work it is about to undertake. What is her view of the proposal that we should investigate establishing a serious crime and fraud agency similar to what exists in the UK? It was not explicitly mentioned or stitched into the terms of reference of the Commission on the Future of Policing in Ireland, but it is certainly something that we could look at in terms of addressing white-collar crime now and in the future. While the Criminal Assets Bureau focuses solely on criminal assets and follows the money trail in relevant cases, the State has been shown to be inept in terms of dealing with white-collar crime, which, with the advance of technology, takes place on so many different levels. Having a properly constituted and resourced agency similar to that in the UK is something that we need to give serious consideration to. Can the Tánaiste give her views on that, because she did say in her previous reply that she might look at restructuring. She seems to be open to a suggestion that will work.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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We have to learn the lessons from what has happened here. We have to be clear about the applicability of what happened here and whether that is more widespread. This was a hugely important case. Was it confined to this case? If so, how and why did this happen? What are the facts that surrounded the particular approach to the issues that I have outlined, that the judge spoke about and to which the Deputy is referring? We have to think very seriously about whether we have the appropriate structures in place and whether an agency such as the Deputy described is necessary. On the issue of the future of the Commission on the Future of Policing in Ireland, it will be looking at the administrative arrangements of Garda resources.

The Deputy mentioned that criminals are using ever more sophisticated technology. There is a specialist unit in the Garda at the moment, but it is inevitable that it will be advanced further, given what we are seeing now in terms of international crime and encryption.