Pat Rabbitte (Dublin South West, Labour)
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Question 66: To ask the Minister for Enterprise, Trade and Employment if, in regard to the direction issued to an authorised officer to cease their inquiries into three companies being carried out under section 19 of the Companies Act 1990 the authorised officer has completed their reports; if he has received these reports; if so, the action it is intended to take arising from the reports; if the reports have been furnished to any of the tribunals of inquiry and, if so, which ones; and if he will make a statement on the matter. [11278/06]

Micheál Martin (Cork South Central, Fianna Fail)
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In June 2005 I directed the authorised officer, in the case of the three section 19 examinations, to place at the disposal of relevant public authorities, including two tribunals, the information and assistance arising from his investigative work that was required by the authorities for the purpose of the performance of their statutory functions in accordance with section 21 of the Companies Act 1990. The public authorities in question are the Office of the Revenue Commissioners, the Garda Síochána, the Office of the Director of Corporate Enforcement, the Moriarty tribunal and the Mahon tribunal.

All information, books and documents required by the two tribunals in question for the purpose of the performance of their functions have been disclosed to them by the authorised officer under directions issued by me or my predecessor. The authorised officer is providing follow-up assistance and information, as directed, to the tribunal that has requested it. All information, books and documents required by the three other authorities for the purpose of the performance of their functions have been disclosed to them by the authorised officer, as directed. This is being followed up by the provision of appropriate assistance and co-operation. Some recently received documentary material is being considered by the authorised officer with a view to disclosure, if appropriate, to relevant authorities.

My objective in directing the authorised officer to provide all relevant information and appropriate assistance to the authorities in question was to facilitate the earliest possible pursuit by them of matters which may require action by them. I was concerned about the length of time which had elapsed since the initiation of the examinations in January 1998. I was particularly concerned that any further delay could put at risk the possibility of achieving results from the examinations, such as the investigation and prosecution of offences, the collection of taxes owed to the State and the investigation of matters by tribunals.

Section 19 of the Companies Act 1990 provides for a preliminary examination — the procuring and inspection of a company's books and documents and the obtaining of explanations — but it does not involve final or conclusive determinations. A section 19 examination may lead to more substantive action, such as the investigation or prosecution of certain specified offences by relevant authorities or the provision of assistance to any of the bodies mentioned in section 21 of the Act, including tribunals of inquiry, in the performance of their functions. There is no statutory requirement for the making of a report on foot of a section 19 examination. Formal reports have not been completed in respect of the present three examinations.

However, I have directed the authorised officer to give the relevant authorities, in addition to the information already disclosed, whatever further information and assistance they require, in whatever form. I am satisfied that the measures I have taken in respect of the examinations have ensured that any wrongdoing suggested by the investigative work of the authorised officer has been brought to the attention of the appropriate authorities for such action as they think fit.