Written answers

Tuesday, 18 December 2012

Department of Jobs, Enterprise and Innovation

Tribunals of Inquiry

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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To ask the Minister for Jobs, Enterprise and Innovation the progress that has been made in relation to the implementation of recommendations arising from the Moriarty Tribunal; and if he will make a statement on the matter. [56535/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Moriarty Tribunal made two recommendations for changes to company law, as follows:

· That a provision similar to section 172 of the UK Companies Act, 2006 be adopted, together with the adoption of additional implementation or enforcement measures.

· That consideration be given by the Oireachtas, and/or by the Company Law Review Group, to enacting provisions similar to those contained in Part 14 of the UK Companies Act, 2006, governing the control of political donations and expenditure.

The Government considered that provisions in the forthcoming Companies Bill, which will consolidate and give a statutory footing to the duties of directors, meet the objectives of the first recommendation above. The first, and main, part of the Companies Bill, including the provisions on directors’ duties, was published in "soft copy" in May 2011.

With regard to the second recommendation above, provisions restricting corporate donations are contained in the Electoral Amendment (Political Funding) Act 2012, which comes within the remit of the Minister for the Environment, Community and Local Government.

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