Written answers

Wednesday, 31 May 2017

Department of Jobs, Enterprise and Innovation

Office of the Director of Corporate Enforcement

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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259. To ask the Minister for Jobs, Enterprise and Innovation her plans to immediately increase staff or funding in the interim to the Office of the Director of Corporate Enforcement. [26090/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Since I took up office as the Minister for Jobs, Enterprise and Innovation, five forensic accountants have joined the Office of the Director of Corporate Enforcement and a recruitment process is underway for a further two. Additionally, a senior digital forensics specialist is expected to take up duty with the ODCE in June.

In addition, and due to a combination of retirement, promotion and transfer, three senior enforcement positions are currently vacant. The Department is working with the Director towards the filling of those vacancies with suitably qualified and experienced candidates.

The Department has no outstanding sanction requests from the Director of Corporate Enforcement.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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260. To ask the Minister for Jobs, Enterprise and Innovation her views on whether the Office of the Director of Corporate Enforcement can be kept within the remit of her Department; and her further views on whether it would be more successful under the auspices of another Department. [26091/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The investigative shortcomings of the Office of the Director of Corporate Enforcement (ODCE) identified by Judge John Aylmer in this case are unacceptable. They fell far short of the standard impartial, unbiased and thorough investigation we expect and demand.

I have written to the Director of Corporate Enforcement on Wednesday May 24, requesting a report under section 955(1)(a) of the Companies Act 2014.  This report is to outline issues arising from the investigations by the ODCE into Anglo Irish Bank since 2008. In particular, I have ordered that the report include an explanation of the following:

- the coaching of witness statements;

- late disclosure of documents;

- a perceived bias by ODCE investigators;

- the shredding of documents; and

- any other relevant matters.

I expect this report to be finalised as a matter of urgency and no later than June 23. I have already stated in this House that I will consider all options to ensure mistakes of this nature cannot reoccur. This includes procedures, organisational change, enhanced powers, legislative solutions or an entirely new model.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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261. To ask the Minister for Jobs, Enterprise and Innovation the stage at which her attention was drawn to the serious failings and problems within the Office of the Director of Corporate Enforcement as highlighted in a case (details supplied). [26092/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I was briefed by Department officials on developments with the Anglo investigations shortly after taking up office as the Minister for Jobs, Enterprise and Innovation.

As a matter of course, previous ministers were similarly briefed on issues related to the Anglo investigations. In particular, a Memorandum to Government accompanied the ODCE Annual Report each year which would have outlined progress in key cases.

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