Seanad debates
Wednesday, 20 May 2009
Companies (Amendment) Bill 2009: Committee Stage
Mary Coughlan (Donegal South West, Fianna Fail)
The Senator is waiting with bated breath for the Bill. We are removing the criminal penalty aspect of section 31 of the 1990 Act, which prohibits the making of loans to directors and connected persons. We are trying to strike a balance with the issue of personal concern that was expressed by the Senator on the basis of his experience. It will be a matter for the director to make a determination. The court will make the final decision. Of course it will be open to each person to prove that he or she was not involved in something untoward in any way. I have tried to assure Members that a balance is being struck. We will not punish people who are not guilty or associated with wrong-doing. We are trying to do two things. We are trying to ensure people cannot use the excuse that they did not know - that they were ignorant of the law. At the same time, we are trying to-----
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