Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 298: To ask the Minister for Enterprise, Trade and Employment further to his reply to Parliamentary Question No. 322 of 4 April 2006 and his responsibility for policy in this area, his views on whether steps need to be taken to ensure that a Department of State or any other entity in receipt of public funds does not award contracts to entities that are unlawfully representing themselves as limited companies in circumstances whereby no company is registered or incorporated under the Companies Acts; his further views on whether the conclusion of such arrangements is a serious issue and one that should be brought to the attention of the Director of Corporate Enforcement at the earliest opportunity; the steps he can take to ensure that his Department is compliant in this area; and if he will make a statement on the matter. [16164/06]

Micheál Martin (Cork South Central, Fianna Fail)
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The previous question referred to by the Deputy related to the offence of a person representing themselves as being a limited company where they had not been incorporated under the Companies Acts.

My policy responsibility in this area is firstly the creation of the offence in statute and secondly to ensure that there is an appropriate system in place to deal with persons who commit this offence. I have detailed in my answer to the previous question the exact provisions in the Companies Acts which provide for the offence, along with details of the existing enforcement regime, which includes suitable sanctions. This is a serious offence and I would urge any parties who have evidence of such wrongdoing to present it to the Director of Corporate Enforcement so he can take the appropriate action.

As the Deputy will be aware, the matter of Departments and other entities in receipt of public funds awarding contracts is dealt with in Public Procurement rules issued by the Department of Finance. Where policies and regulations exist in this area my Department is fully compliant.

Arising from this and the previous Parliamentary Question I propose to ask my colleague the Minister for Finance to consider this matter in the context of the Public Procurement Guidelines. For example, perhaps before awarding a contract to a successful tender there should be a requirement to check that the company actually exists and that it has not been struck off.