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Written Answers — Department of Employment Affairs and Social Protection: Pension Provisions (2 Nov 2021)

Robert Troy: 607. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 73 of 6 October 2021, if her attention has been drawn to the fact that this is not a justification for denying the application of the March 2018 changes to the scheme to all pensioners who have in excess of 2,080 contributions. [52772/21]

Written Answers — Department of Education and Skills: Education and Training Provision (2 Nov 2021)

Robert Troy: 684. To ask the Minister for Education and Skills if tutors who have been administering the Safe Pass courses on a contract basis will be awarded a severance payment on the completion or termination of their contracts. [52525/21]

Written Answers — Department of Enterprise, Trade and Employment: Insurance Industry (20 Oct 2021)

Robert Troy: As set out in the Programme for Government, this Government is committed to reform of the insurance sector.  Recognising that delivering change in this area requires action across Government Departments, Government established the Sub-group on Insurance Reform under the Cabinet Committee on Economic Recovery and Investment. The Sub-group, chaired by the Tánaiste and Minister for...

Partnership and Cooperation Agreement between the European Union and the Republic of Singapore: Motion (19 Oct 2021)

Robert Troy: I thank everyone for their careful consideration and contribution to the debate this evening. Hopefully, in the short few moments that I have I will be able to address some of the concerns raised this evening. To go back to the point I made at the beginning, it is important to differentiate between the partnership and co-operation agreement, PCA, and the EU-Singapore free trade agreement,...

Partnership and Cooperation Agreement between the European Union and the Republic of Singapore: Motion (19 Oct 2021)

Robert Troy: I move: That Dáil Éireann approves the terms of the Partnership and Cooperation Agreement between the European Union and its Member States, on the one hand, and the Republic of Singapore on the other, signed in Brussels, Belgium on 19th October, 2018, a copy of which was laid before Dáil Éireann on 10th June, 2021. I am pleased to introduce this motion on the approval...

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

Robert Troy: Thank you, Chairman, for making committee time available to further progress the Companies (Corporate Enforcement Authority) Bill 2021. We had a very good debate on Second Stage in the Dáil. My strong impression at the time was that, in general, Deputies are very supportive of the legislation and want to see it enacted as soon as possible. This is a landmark first step to strengthen...

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 for tabling her amendment. My officials and I gave careful consideration to the report of the joint committee on this Bill, which arose from pre-legislative scrutiny, as well as the view that there should be more members on the new authority. Specifically, there should be a minimum of two, up to a maximum of five or six, as in Deputy O’Reilly’s...

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

Robert Troy: As I said, the flexibility is provided for to increase the number to three. We have sought the views of the director. He is, to be fair, best placed to know the current workload, as well as what is currently being processed by the authority at the moment. I imagine that if his assessment was to change, and that there was a requirement to increase it, the scope under the legislation is...

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...

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