Seanad debates

Tuesday, 17 June 2014

Companies Bill 2012: Committee Stage (Resumed)

 

Government amendment No. 133: In page 727, between lines 11 and 12, to insert the following: “Confidentiality of information 942. (1) A person shall not disclose information that—(a) comes into the possession of the Supervisory Authority by virtue of the performance by it of any of its functions under this Act; or (b) comes into the possession of the Supervisory Authority in the course of a meeting of the Authority held in private at which he or she is present.(2) Subsection (1) shall not apply to—(a) a communication made by a member of the Supervisory Authority, a member of its staff or a director of it in the performance by him or her of any of the Authority’s or his or her functions under this Act or any other enactment, being a communication the making of which was necessary for the performance of the function concerned; or (b) the disclosure of information in a report of the Supervisory Authority or for the purpose of any legal proceedings, investigation, enquiry or review under this Act or any other enactment or pursuant to an order of a court of competent jurisdiction for the purposes of any proceedings in that court; or (c) the disclosure by a member of the Supervisory Authority, a member of its staff or a director of it to any member of the Garda Síochána of information which, in the opinion of the first-mentioned member, member of staff or, as the case may be, director, may relate to the commission of an offence.(3) A person who contravenes subsection (1) shall be guilty of a category 2 offence.”.

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