Written answers
Wednesday, 11 October 2006
Department of Enterprise, Trade and Employment
Tribunals of Inquiry
9:00 pm
Jim O'Keeffe (Cork South West, Fine Gael)
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Question 181: To ask the Minister for Enterprise, Trade and Employment the number of inquiries in respect of any tribunal of inquiry, commission of inquiry or investigation for which he or his Department have or have had responsibility since 1997; the name of each inquiry; the terms of reference of each inquiry; the cost of each inquiry including the cost to date where an inquiry has not been concluded; the dates of each inquiry including the projected date of conclusion where an inquiry has not been concluded; and if he will make a statement on the matter. [32424/06]
Micheál Martin (Cork South Central, Fianna Fail)
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In so far as the question relates to company law inquiries, I would refer the Deputy to the tables below which set out summary details of all company law investigations, for which my Department has had responsibility, since 1997.
Sixteen investigations into company law matters were initiated by my predecessor in the period since 1997. In three cases, the High Court appointed, on an application by the Minister, inspectors under section 8 of the Companies Act 1990. The Inspectors appointed to Ansbacher (Cayman) Limited presented their Report to the High Court on 10 June 2002. The Inspectors appointed to National Irish Bank Ltd and National Irish Bank Financial Services Ltd presented their Report to the High Court on 12 July 2004.
One investigation under section 14 of the Companies Act 1990 was completed in 1998 and the report was referred to the Criminal Assets Bureau and the Director of Public Prosecutions (DPP).
One investigation was undertaken under section 59 of the Insurance Act 1989. The report on this was referred to the DPP as well as to the Inspectors who undertook the section 8 investigation into that company.
Eleven investigations were initiated by the Minister under section 19 of the Companies Act 1990. Six of these have been concluded.
Two of the eleven Section 19 investigations were held up in legal appeals, to such extent that no effective progress was made by the authorised officer and the matter of reports of the examinations did not arise. These enquiries are now the responsibility of the Director of Corporate Enforcement.
In relation to the three remaining Section 19 examinations, I would refer the Deputy to my reply to Question No. 11278 of 23 March 2006. The Authorised Officer is continuing to provide information and assistance to relevant authorities, as outlined in that reply.
Table of Investigations under Section 12, 14 & 19 of the Companies Act 1990
The table outlines the costs incurred by the Exchequer on company investigations commenced since 1995, up to and including 31 December 2004. The costs do not include the salary cost of civil service staff working on or who have worked on these investigations or the legal costs relating to a number of these investigations that were borne by the Chief State Solicitor's Office.
Year Commenced | Name of Inquiry | Date of completion | Section of Companies Act 1990 under which inquiry was initiated | Costs |
€ | ||||
1995 | Clonmannon Retirement Village, Rayhill Properties Co Ltd, Hilltop Catering Ltd & Home Affairs Ltd (Liquidation of Companies by a Court Appointed liquidator) | Ongoing. The completion of the liquidation process has been delayed by an appeal to the Supreme Court by a former director of the company who was found by the High Court to be personally liable for the debts of the companies. A completion date is dependent on the appeal. Further costs are expected in order to complete the liquidation process. | Commenced under Section 19 in 1994 and continued under Section 12 (2) from 1995 onwards. | 215,093 |
1997 | Garuda Ltd | December 1998 | Section 19 | Not available |
1997 | Celtic Helicopters Ltd | March 2003 | Section 19 | 11,300 |
1997 | Bula Resources | July 1998 | Section 14 | 258,673 |
1998 | Hamilton Ross | Ongoing | Section 19 | 3,896 |
1998 | Guinness & Mahon (Ireland) Ltd | Ongoing | Section 19 | 357,433 |
1998 | Irish Intercontinental Bank Ltd | June 2000 | Section 19 | 161,654 |
1998 | Ansbacher (Cayman) Ltd | June 1999 | Section 19 | 26,179 |
1998 | Kentford Securities Ltd | September 2000 | Section 19 | 13,456 |
199 | Dunnes Stores Ireland Company/ Dunnes Stores ILAC Company Ltd | Delayed due to Court Action and now the responsibility of the Director of Corporate Enforcement | Section 19 | 303,821 |
1998 | Faxhill Homes Ltd | December 1998 | Section 19 | 231,786 |
1998 | National Irish Bank Ltd & NIB Financial Services | June 1998 | Section 19 | Not available |
1999 | College Trustees Ltd | Ongoing | Section 19 | 4,580 |
1998-2004 | Other costs related to the investigations but not specific to any one | Section 19 | 59,524 | |
Total | 1,647,395 |
Table of Investigations initiated by the Minister under Section 8 of the Companies Act 1990.
The cost of the investigations by Inspectors appointed by the High Court are defrayed in the first instance by the Minister for Justice, Equality and Law Reform. However, the High Court has discretion to direct that either (a) a body corporate dealt with in the inspector's report or (b) the applicant(s) for the investigation shall be liable to repay the relevant Minister, and the extent to which they are liable.
Year Commenced | Subject under investigation | Date of completion of Report | Costs |
1999 | Ansbacher (Cayman) Limited | June 2002 | €3,500,000 The High Court proceedings taken by the State to recover the costs of the inquiry were settled out of court for the sum of €1.25m in favour of the State. |
1998 | National Irish Bank Ltd & NIB Financial Services Ltd | July 2004 | €5,842,960 The full costs of the investigation were recouped in April 2005. |
Note: Payments made prior to the Euro changeover on 1 January 2002 were made in Irish Punts. However, for ease of reference the payments are converted into Euros in the above schedules at the rate of 0.787564 Euros to the £. |
Table of Investigations initiated by the Minister under Insurance Legislation
Year Commenced | Name of Inquiry | Date of completion | Section of Statutory provision under which inquiry was initiated | Costs |
1998 | National Irish Bank Financial Services Limited | June 1998 | Section 59, Insurance Act, 1989 | Not available |
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