Written answers

Thursday, 24 February 2005

Department of Enterprise, Trade and Employment

Departmental Investigations

5:00 pm

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 13: To ask the Minister for Enterprise, Trade and Employment the main findings of the progress report submitted to him by a person (details supplied) relating to three companies; and if he will make a statement on the matter. [6189/05]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 43: To ask the Minister for Enterprise, Trade and Employment if, in regard to the direction issued by his predecessor to an authorised officer to cease his inquiries into three companies being carried out under section 19 of the Companies Act 1990, the authorised officer has completed his reports; if he has received these reports; if he has passed any relevant information to the tribunals of inquiry; the date on and the tribunal to which such information was passed; and if he will make a statement on the matter. [6166/05]

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)
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Question 74: To ask the Minister for Enterprise, Trade and Employment if he will make a statement on the report of a person (details supplied); the reason this investigation was concluded earlier than expected; and the advice his Departmental officials gave the then Minister in that regard. [6213/05]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 13, 43 and 74 together.

Section 21 of the 1990 Act, as amended, prohibits the disclosure of information obtained under section 19 investigations except to certain specified "competent authorities" and for certain purposes. Accordingly, I am not in a position to disclose any details or findings of the investigations to date.

Information and assistance has been provided to both the Moriarty and Mahon tribunals by the authorised officer and by my Department at various dates in the period since March 2004 and this is continuing.

The progress of these investigations was monitored by my predecessor and by the Department over the course of the past seven years. It was the expectation that the investigations would be concluded within a reasonable period following the coming into operation of the Company Law Enforcement Act 2001. Over time, concerns developed on the part of the Tánaiste and the Department in relation to the timeframe of the investigations and these were conveyed at various times to the authorised officer. These concerns culminated in the issue of a formal direction on 29 July 2004 to the authorised officer to cease investigative work and to commence writing up the reports with a view to facilitating appropriate follow-up action as soon as possible by relevant authorities. I am informed and understand that this direction was based solely on concerns relating to the length of time which the investigations were taking and to the consequential possibility that any meaningful substantive follow-up action, if such were deemed necessary, would be rendered more difficult.

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