Written answers

Wednesday, 21 June 2006

Department of Enterprise, Trade and Employment

Proposed Legislation

9:00 pm

Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 71: To ask the Minister for Enterprise, Trade and Employment if he intends to introduce amendments to corporate law requiring employee representation on company boards of directors, as is the case in many European countries; the minimum size company to which such a regulation would apply; if he or his Department has engaged in discussions with unions or employers' groups in relation to such a proposal; and if he will make a statement on the matter. [23509/06]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 84: To ask the Minister for Enterprise, Trade and Employment the progress on consolidation of companies legislation; and if he will make a statement on the matter. [23521/06]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 90: To ask the Minister for Enterprise, Trade and Employment if he intends to make amendments to corporate law in order to widen the recognition of interests to which a company director must have regard in the discharge of their duties to include greater emphasis on employees of the company, its suppliers, its creditors, both present and future, its customers, the wider community, and the environment; his views on whether such amendments are necessary; and if he will make a statement on the matter. [23506/06]

Joe Sherlock (Cork East, Labour)
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Question 118: To ask the Minister for Enterprise, Trade and Employment his plans to increase the company size thresholds following the second report of the Company Law Review Group and the recent increase in thresholds agreed in the European accounting directives; and if he will make a statement on the matter. [23520/06]

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Question 121: To ask the Minister for Enterprise, Trade and Employment if he will engage in a review of company law in order to reduce the burden on small companies related to the requirements and restrictions placed upon them which are more relevant to large companies and serve little purpose in their regulation; and if he will make a statement on the matter. [23510/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 71, 84, 90, 118 and 121 together.

The General Scheme of the new Company Law Consolidation and Reform Bill is being drafted making use of an advisory body, the Company Law Review Group (CLRG), which is representative of business, regulators, professional bodies and social partners. The General Scheme has been drafted on the basis of a standing consultation process. The outline of the Scheme and the individual Heads are posted on the website of the CLRG for comment by any interested party. These draft Heads are updated on a continuous basis.

The relationships governed by company law are those between a company's officers, shareholders and creditors and it is not proposed to change this emphasis. Obligations arising from employment and environmental law are dealt with appropriately in those respective codes. It is recognised however that at present many of the duties of a company director exist in case law rather than company law. The opportunity will be taken in the new Bill to set out, on a non-exhaustive basis, the main duties of directors.

How any company structures its Board is a matter to be addressed by an individual company and may be provided for in that company's articles of association. It is not the intention to restrict this power in the proposed legislation.

The simplification focus of the proposed Bill will particularly benefit small companies as it should reduce their compliance costs. An immediate concrete expression of our concern to assist the viability of small businesses is that arising from the Report of the Small Business Task Force. I am fast-tracking separate legislation to raise the audit exemption limit applying to small companies to the maximum permissible under EU law. I anticipate taking the General Scheme of the overall Company Law Consolidation and Reform Bill to Government for agreement to draft the Bill proper later this year.

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