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Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I largely agree with much of what the Deputy said. I am supportive of the principle underpinning the amendment, which is to minimise the periods in which members would act up. However, unforeseen circumstances can arise, which suddenly cause a vacancy. The vacancies must be temporarily filled. Ideally, we would all love a situation where adequate notice and a lead-in time are given to...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: First, the acting up is to take account of unforeseen circumstances. The ideal situation is that the person would give the required notice and that the notice period would facilitate a seamless transition, but one can never guarantee that in life. We have to take account of unforeseen circumstances and that is why we are keeping it at six months. The six months is an outer limit. It is...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: Section 944Q provides for the disclosure of information to the authority by the bodies listed where it relates to an offence or non-compliance under the Companies Act 2014 or could assist in an investigation by the authority. It re-enacts section 957 of the Companies Act 2014 with the addition of the registrar and the Registry of Friendly Societies. The Deputy proposes adding the Central...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I know from the Deputy's contribution to the Second Stage debate in the Dáil that she is concerned that 944AE(3) will limit the publication and so the transparency of sanctions imposed on directors in certain circumstances. This is important and I agree that such limitations should be minimal. There are a number of reasons for their inclusion in this Bill. First, from a technical...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: What it states, in terms of the EU directive, is that the competent authority, which in this instance is the corporate enforcement authority, shall publish the sanctions imposed on an anonymous basis in the manner which is in conformity with national law and in any of the following circumstances. I cannot say with certainty today but will undertake to review the matter and get back to the...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I will get clarity for the Deputy and wholeheartedly share her concerns.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I will try to reassure the Deputy but I am not sure I will be able to in this instance. Anyway, here goes. The amendment is similar to the Deputy's previous one. Section 944AF, which is proposed for deletion, is not new law. It is in keeping with the principle of proportionality. The EU audit directive requires the level of administrative sanctions imposed to take into account...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: These are administrative sanctions, not court sanctions. There is a difference. No sanctions have been imposed under the provision to date, I am informed.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: There have been no sanctions.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I understand that no financial sanctions have been sought. By virtue of the fact that none have been sought, nobody would have been able to have benefited from leniency owing to the risk of bankruptcy. No sanctions have been sought to date. This provision would not have been exercised.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: It is not that somebody who has committed an offence would not be subject to a financial sanction; it is a matter of the size of the financial sanction imposed, based on the ability to pay. To use a simple and old saying, you cannot take blood from a turnip. There is no point in sanctioning somebody who is unable to pay but, at the same time, the legislation gives the capacity to take on...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I thank Deputy O'Reilly. I undertake to explore the matter further also. It is certainly not my intention to give company directors additional protections. We want to ensure the law is robust and not open to challenge. That is why the principle of proportionality, as requested under the EU directive, is being inserted. That is our only rationale for including it. The courts take account...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I thank Deputy Bruton for giving me the opportunity to clarify the membership of the new body. The new authority structure is similar to a commission, with a chairperson assisted by other members who have delegated responsibilities for other specific functions. Section 944F stipulating the membership of the authority provides for up to three full-time members and it is designed to give...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: Right through the establishment of this body, we have been engaged with the existing entity. We have sought the views of the director and his office in respect of policy and on this legislation, including on its implementation and operation. That will certainly continue. Based on Deputy Bruton’s own experience of serving as a Minister, has this aspect previously been enshrined in...

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: We will explore that aspect further.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I do not think there was a specific question, but I thank the Deputy for his contribution.

Select Committee on Jobs, Enterprise and Innovation: Companies (Corporate Enforcement Authority) Bill 2021: Committee Stage (19 Oct 2021)

Robert Troy: I totally get where the Deputy is coming from, but I asked the officials and drafting experts to consider the effect of this change and I am told that it is a universal approach in drafting legislation to put "and" or "or" only before the last item in a list. Therefore, repetition throughout the section is unnecessary on the basis that the effect of the "or" is already present in the section....

Select Committee on Jobs, Enterprise and Innovation: Message to Dáil (19 Oct 2021)

Robert Troy: May I say a few words?

Select Committee on Jobs, Enterprise and Innovation: Message to Dáil (19 Oct 2021)

Robert Troy: I would like to take the opportunity to thank the Chair and all members of the committee who have contributed to the debate today. I am glad to see that the committee continues to support the need to get this legislation enacted so that the new Corporate Enforcement Authority can be established. As I said on the floor of the Dáil last month, the delivery of this new authority is a...

Written Answers — Department of Education and Skills: Teaching Council of Ireland (19 Oct 2021)

Robert Troy: 540. To ask the Minister for Education and Skills when a person (details supplied) can expect to have their Teaching Council number issued. [50396/21]

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