Seanad debates

Wednesday, 20 May 2009

Companies (Amendment) Bill 2009: Committee Stage

 

Photo of Ciarán CannonCiarán Cannon (Progressive Democrats)

I move amendment No. 16:

In page 11, to delete lines 3 to 6.

This leads us back up the same path. I do not know what our discussion over the past 15 or 20 minutes has achieved. It is there in black and white: "Where a company makes default in complying with this section, the company and every person who at the time of that default is a director of the company shall be guilty of an offence." I would add that this applies to someone who may or may not have known about the default. Where is the protection afforded to a director who has no knowledge whatsoever of a criminal act taking place and is suddenly made guilty of a criminal offence? That is a more worrying development than the one we have just discussed. It is a major disincentive for people to become company directors. There is no way out for any director. The Bill does not qualify the statement that "every person who at the time of that default is a director of the company shall be guilty of an offence". I look forward to hearing the Minister's response to this amendment.

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