Billy Kelleher (Cork North Central, Fianna Fail)
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26. To ask the Minister for Jobs, Enterprise and Innovation when she plans to publish an account of the investigative failures identified by a person, details supplied, in regard to a trial; the steps being taken to address them emanating from the trial; and if she will make a statement on the matter. [16812/18]

Billy Kelleher (Cork North Central, Fianna Fail)
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When does the Minister plan to publish the account of the investigative failures identified in the Anglo Irish Bank trial, the longest criminal trial in the history of the State, when Judge Aylmer directed the jury to acquit Mr. Seán FitzPatrick? When will the Minister publish the investigation into the role of the Office of the Director of Corporate Enforcement, ODCE, in the collapse of the trial and the acquittal of Mr FitzPatrick?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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An account of the investigative failures identified by Judge Aylmer is being finalised. The purpose of publishing this account is to understand the factors that led to such mistakes being made and to ensure that appropriate steps have been taken to address these shortcomings.

On 9 March, Judge Aylmer granted approval to publish some of the transcripts of the trial, limited to the rulings of the court concerning investigative failures made on specific dates. The account is now being finalised on this basis. It is intended that the account will be published as soon as possible.

A key action in the Government's package of measures to strengthen Ireland's response to white-collar crime centres around the establishment of the ODCE as an agency. It is expected that the general scheme of a Bill to give effect to this decision will be published by the end of the second quarter of 2018, with publication of the Bill by the fourth quarter of 2018.

Changing the structure of the ODCE from an office to a statutory agency will provide greater autonomy to the agency and ensure it is better equipped to investigate increasingly complex breaches of company law. Sourcing of expertise and specialist staff, such as forensic accountants, will be enhanced under the agency model.

The Government is committed to ensuring that the new agency will be created in keeping with international best practice, including its internal controls, staffing, budget and corporate governance. My Department will engage with the OECD to seek its assistance in taking account of international best practice in the establishment of the agency.

The ODCE has played and continues to play a vital role in facilitating compliance and enforcement of company law. It has been successful in recent high-profile white-collar crime prosecutions. In 2014, two individuals were convicted for the giving of unlawful financial assistance by Anglo Irish Bank for the purchase of its own shares. In 2016, an individual was convicted of fraudulent trading on foot of a plea of guilty. Also in 2016, another individual was convicted for failing to maintain a licensed bank's register of loans to directors on foot of a plea of guilty. In 2017, a person was arrested and charged with fraudulent trading based on an invoice discounting fraud, entered a plea of guilty and was sentenced, in March 2018, to 18 months in prison, with the final six months suspended. The person was also disqualified from being a director for a period of five years.

Over the past ten years the ODCE has referred files in respect of a number of investigations to the Director of Public Prosecutions, DPP, on foot of which the DPP has directed a total of 214 charges on indictment.

Billy Kelleher (Cork North Central, Fianna Fail)
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As the Minister well knows, the ODCE is in the High Court seeking to appoint inspectors to Independent News and Media, INM. The reason I raised this particular issue is that it is critically important we have full confidence in the ODCE. By any stretch of the imagination when Judge Aylmer directed the jury to acquit Mr. FitzPatrick, it sent out shockwaves. We heard about the inefficiencies and inabilities of the ODCE and the fact it shredded evidence. The list is endless in terms of its incompetence in dealing with the longest criminal trial in the history of the State. It is vitally important that everybody has full confidence in this office. The legislation is in place. Has the ODCE all the available resources it needs? Has it the capacity to ensure that if it does take a case to trial, it has the expertise, competencies and confidence to do that? This report has to be published and we have to learn quickly from it.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The ODCE is well resourced. Since the appointment of the current director in 2012, he has enhanced the capability of the office to investigate increasingly complex breaches of company law and amended the investigative procedures used by the office. These enhancements included recruiting additional expertise, most notably the recruitment of six forensic accountants, a digital forensic specialist and two enforcement portfolio managers. Campaigns are under way for the recruitment of two enforcement lawyers and two forensic accountants. Other enhancements include amending the investigative procedures used by the office, with members An Garda Síochána now taking the lead in all criminal investigations; re-organising the structure of the office; and fostering greater culture of risk management. Funding to the office in 2017 came to €4.895 million. In 2018, it was increased to €5.057 million.

Organisational reforms have taken place and it is doing good work. It has the necessary resources to enable it to do that. I am going to make it an independent statutory agency, and that will give it the flexibility to locate the skilled people it needs to carry out its work. In the meantime, it continues to work very effectively and I am satisfied that it is carrying out its duties.

Billy Kelleher (Cork North Central, Fianna Fail)
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I thank the Minister for the reply. When this account is published, we can assess exactly what went wrong in the context of that trial. One can go through it. The judge condemned the ODCE investigation for its inappropriately biased and partisan approach. The judge referred to the coaching of witnesses and, alarmingly, the shredding of important documents carried out by the ODCE. I do not think that can be blamed on a shortfall in staff. This also raises questions about the Director of Public Prosecutions and An Garda Síochána. I want to ensure that if, when this is published, it highlights gross deficiencies concerning the trial itself or it identifies resource issues of some form, they are addressed immediately. We must bear in mind that we do not want to see this country portrayed abroad as incapable of enforcing its corporate law, corporate governance, fiduciary duties and the common law that underpins many of those things.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I agree that what happened in 2012 was alarming. As I said, a lot of changes have been made to the ODCE. The new director has made a lot of internal changes, and it can be seen from the results that they have done a lot of good work, carrying out their duties and ensuring that people are held to account and brought to justice for wrongdoings in the area of corporate governance etc.

I cannot publish the entire report, as the Deputy knows. I will be publishing an account of the failures, and of course we will look at those and make sure that whatever the issues are, they are dealt with. I can assure the Deputy of that. As I said, increased funding has been provided, and I do not believe it is an issue of funding now. It is important that the ODCE finds and attracts the right person, because they do very technical work. We are supporting it with additional resources in every way that we can.