Billy Kelleher (Cork North Central, Fianna Fail)
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56. To ask the Minister for Jobs, Enterprise and Innovation her plans to publish an account of the investigative failures identified by a person (details supplied); the steps being taken to address them emanating from the trial of a person; and the action points committed to in the report, Measures to Enhance Ireland's Corporate, Economic and Regulatory Framework, published in November 2017. [50769/18]

Billy Kelleher (Cork North Central, Fianna Fail)
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Since I tabled the question, which asks the Minister what her plans are to publish an account of the investigative failures in a specific case, a synopsis of the report produced by the Office of the Director of Corporate Enforcement, ODCE, has been published. This is not sufficient. Judge Aylmer's report into the collapsed trials provides clear evidence of the failures of the ODCE. A synopsis of the ODCE report has now been published. What we need to see is the full report of the ODCE because Judge Aylmer's report clearly identifies that the office was insipid, weak and incapable of prosecuting on behalf of the State. The synopsis of the ODCE's report into itself is not good enough and the full report needs to be published. We need to have the truth on this issue.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The account, not the synopsis, of the investigative shortcomings identified by Judge Aylmer was published today on the website of my Department. The purpose of publishing the account is to understand the factors that led to such investigative shortcomings and to take appropriate steps to address them. These steps include ongoing reform within the Office of the Director of Corporate Enforcement, including ongoing recruitment of specialist expertise and the establishment, as announced by Government in November 2017, of the ODCE as an agency to provide it with greater autonomy in relation to staffing resources and ensure it is better equipped to investigate increasingly complex breaches of company law. The general scheme of a Bill to give effect to this decision was considered by Government today.

On 2 November 2017, the Government published the report, Measures to Enhance Ireland's Corporate, Economic and Regulatory Framework: Ireland combatting "white collar crime". A comprehensive set of 28 measures was developed to augment the existing regulatory and legislative framework in the area of corporate, economic and regulatory crime. The implementation of these measures is progressing across three Departments, namely, the Departments of Business, Enterprise and Innovation, Justice and Equality, and Finance. There has been considerable progress on the delivery of these actions, with most of them either completed, on schedule or on track to be completed.

Of the actions assigned to my Department, the Companies (Statutory Audits) Bill was signed into law on 25 July 2018. In addition, the Company Law Review Group has submitted its report on corporate governance and I consider that some of the recommendations in this report should be implemented in legislation. These recommendations will be given effect through the general scheme of the ODCE Bill. The transposition deadline for the shareholder rights directive of 10 June 2019 is expected to be met. Submissions were received from a public consultation, which concluded on 9 February 2018. Draft regulations were sent to the Office of Parliamentary Counsel on 28 November 2018 for finalisation and settlement. The general scheme of a Bill to establish the ODCE as an agency was considered by Government today and will be published shortly.

The establishment of the ODCE as an agency is intended to enhance the independence of the office by providing it with more autonomy in relation to staffing resources, particularly the ability to recruit the required specialist skills and expertise; build on its existing expertise and experience; strengthen its capability to investigate increasingly complex breaches of company law; and build on the organisational and procedural reforms that have been implemented.

Billy Kelleher (Cork North Central, Fianna Fail)
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This Parliament is being held in contempt. Rather than publishing the report, the Government is providing an account of a report that was commissioned to assess the reasons the longest criminal trial in the history of the State collapsed. All we know is that Judge Aylmer highlighted several inadequacies. On foot of that report, we commissioned from the Office of the Director of Corporate Enforcement a report into itself. We are now being given an account of the ODCE's report. This is a sanitised version when what we need is a full, honest and open account of what happened and why the Office of the Director of Corporate Enforcement failed to prosecute and carry through an investigation. As Judge Aylmer said, he had to strike out the case because of the incompetence and inefficiencies of the agency. We did not get accountability in the court and we certainly need to get it from the Office of the Director of Corporate Enforcement. The Government is holding Parliament in contempt by providing a sanitised account of the report, rather than the full report. That is shameful. It should publish the report and be damned.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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.

Billy Kelleher (Cork North Central, Fianna Fail)
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One does not have to travel far to see the fallout from the collapse of the banking sector. Week in and week out, one can see people being hauled before the repossession courts because they are unable to keep up mortgage repayments. Sometimes they lose their home and, tragically, some of them even lose their lives. At the same time, the longest criminal trial in the history of the State collapsed and Judge Aylmer was scathing of the Office of Director of Corporate Enforcement. We commissioned a report and we now get the sanitised version of what happened. I cannot believe the Minister can come into the House and say the Attorney General advised this course of action. Across the water, we see that the UK Government has been found to have held parliament in contempt by not publishing the attorney general's advice. It is shameful that the full report of the ODCE has not been laid before this House in order that Parliament can discuss it. At this late stage, it should be published. Everybody who has suffered deserves to know why one of the biggest and longest criminal trials in the history of the State, which was related to the banking system, failed miserably. The State is failing again.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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To be clear, I cannot publish the report because if I do, I will be breaking the law.

Billy Kelleher (Cork North Central, Fianna Fail)
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If the Minister gives it to me, I will publish it.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Section 956 of the Companies Act prohibits me from publishing the report.

Billy Kelleher (Cork North Central, Fianna Fail)
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She should publish the advice in that case.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Those are the facts and I cannot change them. The law is the law and I must work within it, as must everybody else. The next issue is what we should do about what Judge Aylmer said.

Billy Kelleher (Cork North Central, Fianna Fail)
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The Minister will do nothing.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I will tell the Deputy what we will do. One of the main shortcomings the judge identified was the lack of skill sets in the ODCE for this investigation, which took place between 2008 and 2012. It is clear that the office did not even have one forensic accountant at that stage. It now has eight forensic accountants and a number of other expert staff, including a digital forensic specialist, two enforcement portfolio managers and two enforcement lawyers. The office will also have a digital forensic laboratory. Since 2012, the ODCE has been strengthened considerably and now has a stronger set of skills.

The general scheme of a Bill was considered by Government today. This Bill, which will be published shortly, will establish the ODCE as an independent agency.

It will give it the autonomy it needs to employ the required skill set to undertake its extremely complex work. The Deputy is correct that this was one of the most complex cases in the history of the State.