Mary Coughlan (Donegal South West, Fianna Fail)

Perhaps it might be helpful to explain the entire purpose of the proposed subsection 2A. The Director of Corporate Enforcement or an officer authorised by him or her may, when conducting a search under a warrant, find something which he or she believes contains material information. However, it may prove impractical to form a decision on the spot as to whether it can be seized under the warrant. Therefore, the Bill allows him or her to take control of that material and remove it to another place where he or she will make a determination about its relevance to the matters being investigated.

This type of situation would typically arise where the volume of the material on a premises is enormous. Likewise, vast amounts of information may be stored on a computer and an examination of this, to determine its relevance, could necessarily take some time. This might be best undertaken away from the premises of the company under investigation. I am satisfied this provision is an important element of the strengthening of the ODCE's power of search and seizure. I consider it to be a reasonable and proportionate provision. I am aware that fears have been expressed that the extended powers could, in extreme cases, impair the operation of a company whose premises are being searched, for example, where key information is seized by the ODCE. However, I point out that the powers being given to the ODCE are not unfettered. There are appropriate balancing provisions and protections for parties whose records are seized, both in the Bill and within the existing legislation, for example, section 20 as amended and sections 21 and 23, as amended. The ODCE must make provision to allow reasonable access - I believe that is the issue Senator Cannon has raised - by a company to its records during that period of examination. Privileged material is also protected, and where confidential information is seized, the ODCE must maintain that confidentiality.

I am satisfied that every effort is being made to ensure the provision will not threaten the ability of a company to operate, and on that basis, I should like to assure the House that the concerns, although doubtless real, should not be such as to lead Members to believe the powers of the ODCE are unfettered. We have safeguards in place to ensure a company, during an investigation, may continue to trade and have access to relevant information.