Joan Burton (Dublin West, Labour)
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Question 961: To ask the Minister for Enterprise, Trade and Employment the provisions which exist in Irish law to ensure that persons disqualified from acting as a director in another EU country are disqualified from acting as a director of an Irish company; if he is experiencing difficulties in this regard; if his attention has been drawn to the status of a director of an Irish company (details supplied) who has been disqualified as a director in another EU country for a period of 20 years; if this matter has come to his attention; and if he will make a statement on the matter. [29473/06]

Michael Ahern (Cork East, Fianna Fail)
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Section 3A of the Companies (Amendment) Act 1982 (as inserted by section 101 of the Company Law Enforcement Act 2001) provides that a person who is disqualified in another jurisdiction must notify the Registrar of Companies of the disqualification, if that person wishes to be appointed as a director of an Irish registered company. Where a disqualified person makes this disclosure, it is available on the Register of Companies for public inspection. Section 160 (1A) of the Companies Act 1990 (as inserted by section 42 of the Company Law Enforcement Act, 2001) provides that where a person who is disqualified in another jurisdiction fails to disclose that disqualification, as required by Section 3A of the Companies (Amendment) Act 1982, that person shall be deemed to be disqualified in this jurisdiction. If that person then acts as a director while disqualified they are guilty of an offence.

Section 160 of the Companies Act 1990 (as amended) also provides that the Director of Corporate Enforcement may apply to the High Court for a disqualification order against a person who is disqualified abroad, under the specific circumstances set out in section 160 (2)(i) of the Companies Act 1990 (as inserted by Section 42 of the Company Law Enforcement Act 2001). The High Court has not to date heard any such proceedings.

I understand that the Director of Corporate Enforcement has been involved in Court proceedings relating to persons acting as directors of Irish companies following their failure to ensure that their disqualification in another jurisdiction was notified to the Registrar on their appointment. Under section 12 of the Company Law Enforcement Act 2001, the Director of Corporate Enforcement is independent in the performance of his functions. It is a matter for the Director to determine which cases he pursues. The limited details of the individual case referred to by the Deputy have been referred by my Department to the Office of the Director of Corporate Enforcement (ODCE). However, if the Deputy has any further information, I would be grateful if she would make it available to the ODCE.