Ned O'Sullivan (Fianna Fail) | Oireachtas source

I welcome the Minister of State. He and the Cathaoirleach will know that the Companies Act 2014 is a very important document. I was a Member of the Oireachtas when it was passed by these Houses. It was very well teased out and was passed after robust examination.

The matter I wish to raise relates to sections 216 and 217 of the Act. These sections relate to the rights of citizens to access the company register of a limited company by guarantee and the recourse available in the very rare occurrence of a company failing to comply with its obligations in that regard. Section 216 makes it clear that a company member is entitled to examine and receive a copy of the register on application and that a non-member is similarly entitled on payment of a small fee. A company then has a period of up to ten days to produce the required documentation. Section 217(3) states that a company or company officer who fails to comply will be guilty of a category 3 offence. It further states that the court, on application, may make certain orders compelling the company or individual responsible to comply forthwith.

Where the Act is derelict is that it does not make it clear who should apply to the court and who will be responsible for any costs entailed. It seems unfair that a citizen or group of citizens would have to go to court to vindicate their entitlements as prescribed in the sections to which I refer. Should there not be a role for the State, through its various agencies, to ensure that company law is observed without putting the onus on a citizen to vindicate State law? This motion arises from public concern about the actions of a particular company in my area. The company in question has ignored a legitimate request for information. That is simply not acceptable. I am happy to furnish details of the company to the Minister of State in private on request if he so wishes.

Who is responsible for compliance with company law? Is it the State or is it the citizen? I thank the Minister of State.